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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

Archive

 

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

Having concluded that the Capital Allowances legislation should remain the OTS made some recommendations for future consideration.

The report also produced some interesting facts about the companies that do claim, and the amounts, that could focus the future shape of the legislation and what it is trying to achieve.

The majority of businesses do not claim Capital Allowances; according to HMRC 564,000 corporate companies claim under £200,000 annually, with 18,000 occasionally over £200,000 and only 8,000 with a capex consistently over the Annual Investment Allowance of £200,000.

The Annual Investment Allowances (AIA) is certainly a useful investment relief for small businesses with the first £200,000 of expenditure being able to written down immediately although there remains the question of does it qualify or not.

A consideration proposed by the OTS it to widen the AIA and simplify it by allow for all assets acquired for the business (excluding land and dwellings), such as cars.  It is forecast that the cost to the exchequer would be £2.65bn. The OTS recommends maintaining the limit of £200,000.

Another proposal recommended by the OTS to simplify the Capital Allowances legislation is widening the scope, calling it Full Scope Capital Allowances, where all assets used in a business will qualify, with the introduction of a 2% rate against those items that normally don’t qualify and a reduction in the writing down allowances from 18% to 16% and a reduction of the special rate pool from 8% to 7%.

Whilst it this additional pool of allowances will help certain businesses it is difficult to comprehend how this will simplify the system; on the contrary it just adds another layer of analysis.

There is no straightforward way to simplify the Capital Allowances legislation but the OTS still recommended retaining the Capital Allowances system as opposed to replacing it with a depreciation based system.

We have no doubt there will be further change once the proposals have been considered in further detail, but most respondents, as did we, made comment that the continual change is not helpful to business.