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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.

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.