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New Case Law – Capital v Revenue

A recent important Supreme Court decision in Centrica Overseas Holdings Limited v HMRC addresses the deductibility of expenses incurred by a company. The bar to dedeuct costs has been raised considerably

04 Oct 2024

Written by: David Gibson

HMRC To Increase Scrutiny on Capital Allowances Claims

Not only are Allowances more advantageous than ever before, but HMRC are strategically targeting tax leakage – including through Capital Allowances. Getting the correct advice is essential

04 Oct 2024

Written by: Russell Bennett

100% Full Expensing – What is it and why it’s important

Hailed as the “Greatest Tax Break in History” when it was introduced in 2021, the 130% Super Deduction aimed to take some of the sting away from the hike in Corporation Tax rate that was announced in the same speech. Its replacement, Full Expensing (FE), took over in April 2023 as a slightly less headline-grabby 100% First Year Allowance. But what is it?

09 Sep 2024

Written by: Russell Bennett

Archive

 

Latest News

New Case Law – Capital v Revenue

04 Oct 2024

A recent important Supreme Court decision in Centrica Overseas Holdings Limited v HMRC addresses the deductibility of expenses incurred by a company. The bar to dedeuct costs has been raised considerably

HMRC To Increase Scrutiny on Capital Allowances Claims

04 Oct 2024

Not only are Allowances more advantageous than ever before, but HMRC are strategically targeting tax leakage – including through Capital Allowances. Getting the correct advice is essential

100% Full Expensing – What is it and why it’s important

09 Sep 2024

Hailed as the “Greatest Tax Break in History” when it was introduced in 2021, the 130% Super Deduction aimed to take some of the sting away from the hike in Corporation Tax rate that was announced in the same speech. Its replacement, Full Expensing (FE), took over in April 2023 as a slightly less headline-grabby 100% First Year Allowance. But what is it?

Some Good News for Furnished Holiday Let Owners

05 Aug 2024

Positive transitional rules have now been published allowing Furnished Holiday Let owners the ability to use Capital Allowances beyond April 2025

Case Ruling – HMRC v Altrad Services Limited

10 Jul 2024

The decision by the Court of Appeal will have far reaching implications in that it clearly resets the boundaries of what is a capital allowances avoidance scheme designed to increase the quantum of capital allowances claimed

Spring Budget Update

06 Mar 2024

Chancellor Jeremey Hunt announces changes to the capital allowances legislation affecting furnished holiday let owners

Capital v Revenue – Understand The Risks v Benefit

24 Jan 2024

As we are fast approaching the self assessment filing deadline for individuals and the amendment window for corporate entities with a year end of March, understanding the importance of what constitutes capital or revenue expenditure, and the risks and benefits associated with it, is extremely important.

First Year Allowances for Corporate Members of Partnerships

19 Jan 2024

In a positive move HMRC have updated their capital allowances guidance for partnerships stating that partnerships with underlying corporate partners can claim first year allowances

Substantial Unclaimed Capital Allowances On Existing Assets

23 Oct 2023

Capital Allowances provide an opportunity to save substantial amounts of money in a lean market yet many property owners and occupiers are already sitting on vast savings without even knowing it.

Maximising the amount of Capital Allowances identified within a project will reap significant savings. However, it is important not to overlook other factors that can inherently improve cash flows and savings. Three simple examples are set out below:

Irrecoverable VAT

For some reason the issue of VAT is often forgotten about when preparing Capital Allowances claims. For many organisations, or individuals, it is not possible to recover the VAT on building works being incurred; common examples are financial and insurance organisations which have VAT exempt undertakings, and individuals such as GP practitioners who are not VAT registered.

One way of offsetting part of this cost is allocating the proportion of the irrecoverable VAT to the qualifying Capital Allowances; the VAT position should therefore be raised at the outset of a project if there is any doubt on the clients ability to recover VAT.

Accelerating Cash Flow Benefit

There are various ways in which to accelerate the cash flow savings so the benefit is realised in the year of expenditure rather than over a number of years. These include the identification of either Land Remediation Relief, a 150% tax relief available on items such as removing asbestos in buildings, or more commonly through the identification of energy efficient plant and machinery.

It is widely known that mechanical and electrical works typically qualify for Capital Allowances; however it is often assumed that these works all qualify as integral features, which are written down at 8% per annum, ignoring the possibility that actually they could instead deemed to be classified as plant and machinery, written down quicker at 18% per annum, or are even energy efficient products which benefit from 100% first year allowances.

The accelerated cash saving in the year of expenditure could therefore be 12.5 times greater if processes are put in place to identify certain types of products. However, without a specialist Capital Allowances advisor to implement the correct processes and investigate the individual products it is conceivable that these allowances will be missed.

Structuring Contributions and Grants

To maximise the benefit of Capital Allowances where capital contributions are given it is often advisable to structure the agreements to allocate the expenditure to qualifying items as much as possible.

The same in reverse applies where occupiers or clients receive grant funding associated with fitting out or developing their properties. A recent example is a medical centre, owned by the five practising GPs, who undertook a refit of the premises including a small extension.

As part of the works the GPs received a grant from the NHS and a contribution from the neighbouring pharmacy which together covered 90% of the £1m project cost. However, despite this, and because the grant payments were allocated to certain works including non-build costs such as lawyer fees, plus the GPS were not registered for VAT, it was still possible to save the five partners over £200,000 in tax between them.