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Case Law – Gunfleet Sands v HMRC New Ruling

A Court of Appeal hearing on the Gunfleet Sands v HMRC case has given rise to substantial additional tax reliefs on costs, previously interpreted as non qualifying for Capital Allowances by the First-Tier Tribunal.

20 Mar 2025

Written by: David Gibson

Case Law – Mersey Docks & Harbour Company v HMRC

HMRC continue to raise enquiries and to disallow items of plant that could be used for a claimant’s trade. This case relates to the quay wall at the Port of Liverpool

14 Jan 2025

Written by: Clive Curd

Case Law – Changi Airport Loses $273m Tax Break

Changi Airport Group (CAG) made Capital Allowances claims over three years totalling $272,575,162 on assets including the runways and taxiways but lost with the Court of Appeal determining that the assets were structures and not tools of trade.

20 Dec 2024

Written by: Tom Lo

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Latest News

Case Law – Gunfleet Sands v HMRC New Ruling

20 Mar 2025

A Court of Appeal hearing on the Gunfleet Sands v HMRC case has given rise to substantial additional tax reliefs on costs, previously interpreted as non qualifying for Capital Allowances by the First-Tier Tribunal.

Case Law – Mersey Docks & Harbour Company v HMRC

14 Jan 2025

HMRC continue to raise enquiries and to disallow items of plant that could be used for a claimant’s trade. This case relates to the quay wall at the Port of Liverpool

Case Law – Changi Airport Loses $273m Tax Break

20 Dec 2024

Changi Airport Group (CAG) made Capital Allowances claims over three years totalling $272,575,162 on assets including the runways and taxiways but lost with the Court of Appeal determining that the assets were structures and not tools of trade.

Furnished Holiday Lets – HMRC Clarify Legislation

07 Nov 2024

The window to claim Capital Allowances tax relief on furnished holiday lettings (FHLs) is fast decreasing before repeal of the legislation in April 2025 and HMRC have now clarified the transitional rules about who can or can't claim.

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 deduct 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

The fitting out of any property space often comes with a large capital cost.  The only way that cost can be offset for tax purposes is to claim Capital Allowances and Revenue Deductions.  In this article we set out one example where 35% of the total fit out cost was recovered.

Given the nature of fit out projects, typically with minimal structural works, they often give rise to a high proportion of qualifying expenditure. There is sometimes a perception that to identify Capital Allowances within fit out projects it is simply a case of referring to a list of items that typically qualify and extract these from cost information provided by the contractor carrying out the work. Whilst there is legislation that provides guidance on what qualifies there is no explicit list as such.

Consideration needs to be made not only to the cost of the item within a building contract but also to all the additional ancillary costs which are linked to the installation of that qualifying item. Often these ancillary costs can add 25-35% to any claim for Capital Allowances.

These ancillary costs are not restricted to on costs, such as site set up costs and professional fees but also include costs not always clearly defined in construction projects such as alterations to existing structures, forming service risers, or removing / replacing ceilings, walls, floors to allow for the installation of qualifying items.

An example could be the cost of taking down, storing and putting back a floor to allow for the electric and data installation, or on a larger scale, the formation of new lift shafts within an existing building. With fit out projects there is greater opportunity to claim for these works due to the very nature of the build methodology.

These costs are often not apparent within information provided by a contractor and so it is necessary for a specialist Capital Allowances advisor, with surveying expertise, to visit site and extrapolate these works.

Identifying such ancillary costs resulted in a claimant recovering 35% of the fit out expenditure on a standard office fit out project costing £800,000. £625,000 qualified as Capital Allowances, with further costs being treated as revenue deductions which can be offset in the profit and loss account. The claimant was a partnership, with each partner subject to 45% income tax. Consequently, on an outlay of £800,000 the partners between them were able to recover over £280,000 off their tax bill, with the majority being saved immediately in the year of expenditure.