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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

In July 2017 the Office of Tax Simplification made several recommendations for the simplification of Capital Allowances.  That September the Chancellor asked the Office of Tax Simplification to explore the potential for replacing Capital Allowances with a regime based on accounts depreciation.

Why did the Office of Tax Simplification (OTS) investigate changing the Capital Allowances legislation, what did they take into account to apply this to a new system and analyse this from a business point of view.

In 2015/16 1.2million businesses claimed Capital Allowances. The Exchequer forecasted in 2017/18 that if there was no relief for capital expenditure by way of Capital Allowances they would recover an additional a £21.5bn in tax.

Capital Allowances represents the 6thlargest relief overall and the only other business relief that is higher is the employer’s national insurance contributions.

However Capital Allowances is widely acknowledged as an over complicated system which has evolved over the years to its current state and any changes to the system would impact businesses differently by industry and size.

The consensus of all respondents to the consultation was any change away from Capital Allowances would not be straightforward.

The purpose of the report was to consider if depreciation was a feasible alternative approach, if a practical transition could be achieved and the consequences of such a change.

A concern of aligning Capital Allowances to depreciation was that the government could lose a degree of control such as not being able to adjust the writing down levels should the Government wish to encourage investment.

Examples of accelerated allowances that could be lost include the 100% energy efficient Enhanced Capital Allowances for green technologies plus research and development allowances.

Significant difficulties would also arise during any transition period with certain industries losing out.

On the flip side the depreciation system considered was to categorise assets for accounts into buildings, plant and machinery, fixtures and fittings, meaning that the process has only to be done once, reducing the burden to the taxpayer and simplifying the process.

Additionally, under the current regime a taxpayer is unable to claim on items where they receive a grant payment but under depreciation the amount is presented separately and not deducted from the asset. Similarly, capitalised interest is seen as too remote for Capital Allowances but can form part of the total cost in the assets.