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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

Archive

 

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

Single Purpose Vehicles (SPVs) are able to enhance the amount of tax relief when selling an asset by claiming a balancing allowance. Often overlooked, the simple example shown below demonstrates why Capital Allowances should be considered by all SPVs to offset both current and future tax liabilities.

An investor creates an SPV to forward fund an office development for £5million.

After 2 years of rental income of £400,000 per annum, the SPV receives an offer and sells for £6million, closing the company and ceasing the trade.

The interest and other associated acquisition costs equal the rental income for the first 2 years, so there has been no taxable profit on income during ownership.

However, assuming there are £1million of capital allowances available within the property the following tax relief can be realised.

Land purchase                                                                                          £1,000,000

Construction Cost                                                                                  £4,000,000

Total Development Cost                                                       £5,000,000

 

Tax Computation On Sale Without Capital Allowances (Year 3)

Sale proceeds                                                                                           £6,000,000

Less, base cost of development                                              (£5,000,000)

Gross Profit on Sale                                                                £1,000,000

Tax Due @ 19% corp tax rate                                                     (£190,000)

Net Profit on Sale                                                                      £810,000

 

However, £1,000,000 of Capital Allowances have been identified within the property.

Tax Computation On Sale With Capital Allowances (Year 3)

Sale proceeds                                                                                          £6,000,000

Less, base cost of development                                              (£5,000,000)

Gross Profit on Sale                                                                £1,000,000

Capital Allowances Balancing Allowance                     (£1,000,000)

Taxable profit after Capital Allowances                            £0

Tax Due @ 19% corp tax rate                                                      (£0)

Net Profit on Sale                                                                      £1,000,000

 

Increased Return on Investment                                 £190,000

 

The following steps must be taken to claim the capital allowances

  • Appoint CA advisor before transaction takes place
  • Carry out due diligence on all new acquisitions
  • Claim on all current and future expenditure
  • Review all historic acquisitions on current properties
  • Review all historic capex on current properties