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Furnished Holiday Lets – HMRC Clarify Legislation

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.

07 Nov 2024

Written by: David Gibson

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

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Latest News

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 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

In an environment of squeezed returns, the amount of tax being paid by businesses and investors is given increased scrutiny.  One of the only ways to receive tax relief on property expenditure is via Capital Allowances and often over looked still, is the ability to attract the relief on second hand purchases.  Here we provide a simple reminder of what to do when buying a property.

The ability to claim Capital Allowances on second hand acquisitions is often either ignored by the client and their advisors or perceived too much hassle to warrant further investigation.  Typically, any property transaction will have a level of unclaimed Capital Allowances which are up for grabs.  The amount is down to the type, age and specification of the property in question and so there is no one answer fits all, rather each transaction has to be viewed in isolation.  That said, a specialist Capital Allowances advisor will from minimal detail be able to provide a client, once they have gone under offer, an indication of the level of benefit at stake.

The Seller often will not make the Buyer aware of any unclaimed allowances and so the onus is often on the Buyer to drive the conversation.  Here are our top 5 points to ensure you address Capital Allowances and where applicable, provide future tax relief to increase investment returns or drive profits up.

  1. Check the Heads of Terms

The heads of terms may highlight to a Buyer the availability of unclaimed Capital Allowances.  Marketing of these allowances as a negotiation tool will often arise where the Seller has incurred expenditure recently, holds as trading stock, cannot use the allowances post sale or cannot claim.  However, often the Buyer will be entitled to allowances the Seller is not so  there will still be a need to understand the validity of the value of Capital Allowances and whether any contractual provisions are required.

  1. Don’t be put off by N/A or nothing to claim in the replies to enquiries

This is a common position adopted by Seller’s lawyers, often because they are not sure of the position.  Since the rule change where the unclaimed Capital Allowances must be quantified and elected over, the onus is now on the Purchaser to push back and make their own enquiries as to the availability of Capital Allowances.  For example, if the Seller was the first buyer after April 2008 then they would have entitlement to claim Integral Features but would require that value to be calculated and elected across for the Buyer to take the onward benefit.

  1. Get an understanding of what benefit is at stake

Often Capital Allowances, if addressed, are raised at the last hour and so there can be a tendency to drop them so as to not risk the deal stalling.  We have often seen extended exchanges when the level of benefit is immaterial and so getting a third party view as to what the position is can be invaluable and if immaterial, it ticks the box and removes the risk of any unnecessary delays.

  1. Contract is king

With the change in legislation, under s187A of the Capital Allowances Act it now requires that for the Buyer to claim any historic unclaimed allowances, there must be an election to pass that benefit across within 2 years of completion.  Furthermore, the Seller must satisfy the pooling requirement, which simply means recognising the agreed value in their next tax return.  Contrary to some beliefs, there should be no tax impact on the Seller.

  1. Buy yourself some time

Most deals are time pressured and Capital Allowances can be seen as an annoyance for the Seller to deal with, so it can often be a better approach to put a provision in the sale contract.  This should agree to pass over the unclaimed Capital Allowances, to be calculated by the Buyers Capital Allowance advisors and elected within a prescribed time limit; there is no legal requirement to agree the figures prior to completion as long as the contract wording is sufficient to facilitate a claim post transfer.  This removes those pressure points but gives the Buyer the ability to revisit post completion, with the knowledge of the Sellers future cooperation.