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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

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

Archive

 

Latest News

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

Spring Budget Update

06 Mar 2024

Chancellor Jeremey Hunt announces changes to the capital allowances legislation affecting furnished holiday let owners

Whilst partnerships and individuals can as part of a covid-19 measure, defer income tax payments, the liability to pay the tax remains the same; companies however do not benefit from this with no delay in the timing of corporation tax payments to be made.

Capital Allowances related to historic expenditure offers significant tax relief when businesses need it most and so we have set out 4 simple steps to assist companies to identify valuable cash savings.

Many property owners and occupiers have not maximised Capital Allowances claims on historic expenditure due to being unaware of the nuances of the legislation, claiming only on items not integral to the building or perceiving there are no allowances to be claimed.

No Time Restriction To Claim on Historic Expenditure

As long as the property or fixtures within a property are still retained it is possible to submit a Capital Allowances claim now on historic expenditure incurred going back as far as you can, with Veritas Advisory having advised on claims going back 30 years ago; the tax savings associated with these historic claims will be realised in the tax returns that remain open, as set out below.

A company, with a 30 September tax year end date, who acquired a property and then carried out a subsequent refurbishment in 1999, would be entitled to submit a claim on both amounts of expenditure and amend both tax returns for years ending 30 September 2018 and 2019.

In addition, as those allowances are written down over a number of years, the tax saving benefit would be accrued over both the current and future tax periods and for any unrelieved allowances they can be used to offset against future capital gains tax on sale.

The tax savings for companies equates to 19% of all qualifying expenditure; a £1,000,000 claim for Capital allowances will therefore give rise to £190,000 in cash savings, realised across the different tax periods.

For expenditure incurred since 1 January 2019 it is possible to achieve the full £190,000 tax savings in the tax period in which the money was incurred by utilising the annual investment allowance.

Examples of Unclaimed Capital Allowances

Typically nuances of the legislation commonly overlooked include opportunities to claim where properties are acquired with vacant space, properties occupied with non-tax paying tenants, capital contributions to tenants, to simply not claiming as not profit making at the time or for acquisitions, the Sellers stating that no Capital Allowances were available to Buyers.

A Seller having claimed all the allowances they were entitled to will not necessarily preclude a claim for a Buyer, even where a £2 s198 election may be agreed, because the entitlement to claim for the Buyer can be different to that of the Seller.

Overcoming Perceived Barriers to Claim

A perceived barrier to submitting claims on historic expenditure is a lack of detailed records supporting costs incurred on historic developments, refurbishments or extensions, but this is easily overcome.

There is no requirement to retain detailed cost expenditure; HMRC will accept a claim which is built up from first principles using measurement and cost estimating techniques, similar to a purchase claim, with any claim being based on the Capital Allowances legislation applicable at the date of the expenditure.

The only requirement is evidence of the expenditure having been incurred and guidance provided as to the nature of the works carried out.

4 Simple Steps to Follow

To take advantage of the unclaimed allowances related to the historic expenditure we recommend the following steps:

  1. Create schedule of existing owned or let properties
  2. List dates of capital expenditure incurred for each property, including purchase date, dates of refurbishments, fit outs, capital contributions, developments or extensions
  3. For all acquisitions add the purchase price and land registry title number. For capex expenditure add approximate expenditure if actual expenditure not known
  4. Request a free initial estimate of potential allowances and tax savings