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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 a surprise move, the Chancellor announced that businesses and investors would receive a timely cash boost by increasing the Annual Investment Allowance (AIA) from £200,000 to £1m.  Here we explain how businesses can make the most of this two year opportunity.

The AIA has been around for a number of years and the Chancellor for the government of the time has used it as a fiscal tool to incentivise the investment into certain business assets.  The value of the AIA has been as low as £25,000, in 2012, to now being announced it will increase from its current £200,000 level to £1m from 1 January 2019.

This should be seen as a great opportunity for businesses and investors to receive a significant amount of cash back on any planned capital investments over the next two years, after which the AIA is expected to return back to £200,000.

Businesses and investors are able to claim the AIA in respect of capital expenditure which qualifies for either general or ‘special rate’ plant and machinery (P&M).  It should be noted that the newly announced Structures and Buildings Allowance (SBA) can not be claimed under the AIA.  The AIA provides 100% tax relief as an upfront allowance for qualifying expenditure up to a specified annual limit.

For those chargeable periods which straddle 1 January 2019, there are transitional provisions which come into play, which will calculate the revised available AIA limit for each transitional period.

Example

A company with a 12 month chargeable period from 1 April 2018 to 31 March 2019 would calculate its maximum AIA entitlement based on:

(a) the proportion of the period from 1 April 2018 to 31 December 2018, that is, 9/12 x £200,000 = £150,000, and

(b) the proportion of the period from 1 January 2019 to 31 March 2019, that is 3/12 x £1,000,000 = £250,000.

The company’s maximum AIA for this transitional chargeable period would therefore be the total of (a) + (b) = £150,000 + £250,000 = £400,000, although in relation to (b) (the part period falling on or after 1 January 2019) no more than £250,000 of the company’s actual expenditure in that part period would be covered by its transitional AIA entitlement.

 

Where businesses or investors incur qualifying expenditure, which is greater than that annual limit, then they are able to claim tax relief at the normal Capital Allowance rates.

For those businesses or investors which are to embark on large expenditure projects over the next two years, careful consideration needs to be given, firstly in terms of the level of qualifying expenditure for normal P&M allowances and also at which point in time is the expenditure deemed to have been incurred, as this will dictate the level of the AIA limit to be applied.

Secondly, where the level of qualifying expenditure exceeds your AIA limit, a tax planning point is to allocate the qualifying expenditure which attracts the lowest rate of tax relief i.e. the special rate pool, in order to maximise the tax relief on the remaining P&M qualifying expenditure.

Often overlooked, is the fact that qualifying expenditure also includes the acquisition of second hand assets, which for AIA is deemed to be new expenditure and can be claimed against it.  With the purchaser now potentially gaining a faster rate of benefit than the seller, the way in which the benefit is negotiated may change for future deals.

Finally, given the increase to the AIA limit it should ensure that even for perceived smaller capital projects, it is now worth undertaking a detailed Capital Allowances exercise in order to identify qualifying expenditure to generate a tax cash saving by claiming it against the increased AIA.