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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 the recent autumn statement, the government confirmed that there would be no extension to the 130% super deduction, confirming the end date as 31 March 2023.  Here we provide a reminder of what can be claimed and how to ensure this highly beneficial relief is not missed out.

What are they?

Capital allowance super deductions are a temporary first year allowance which provides 130% tax relief against the main plant & machinery pool expenditure.  Available to companies subject to corporation tax including non-resident landlords.  Expenditure must be contracted after 3 March 2021 for expenditure incurred after 1 April 2021 and before 31 March 2023.

In addition, there is a temporary first year allowance, the special rate allowance offering 50% tax relief against the special rate pool expenditure.

What qualifies?

Main plant & machinery expenditure relates to those assets that are more trade specific.  In the context of building expenditure these include IT, security, fire protection, furniture and fittings, sanitaryware, and specialist items such as demountable partitions, and decorative assets.

Whereas the special rate allowance is for assets that have a longer depreciation life including lifts, air conditioning, heating and electrical systems, hot and cold water and thermal insulation.  In addition, to increase the value of claims further all associated costs such as contractor preliminaries and certain professional fees can be apportioned.

Benefit to claim?

The super deduction provides a 130% first year allowance which means not only are you getting tax relief against the full cost of the asset, but you also receive an extra 30% on top.  This equates to a 24.7% tax cash saving, meaning that the net cost of the asset is reduced to 75.3%.

Special rate allowance assets, are usually written down at 6% per annum so by claiming them at 50% in year 1, provides a significant acceleration in obtaining the tax relief.

Issues to overcome

To claim both reliefs the claimant must demonstrate to HMRC that the expenditure has been ‘incurred’.  Under the capital allowances legislation, it is when there is an unconditional obligation to pay.  For a typical building project this will be triggered when the contractor’s valuation is certified to be paid.

Then as a result, it must be shown that the asset belongs to the claimant.  For some assets there may need to be some form of vesting certificate provided to demonstrate the contractual ownership having passed.

As with all capital allowances claims, evidence to support both the timing, as well a as case for eligibility of an item must be available in the event of an enquiry.

For those tax year ends that straddle the end date 31 March 2023, the extra 30% of relief is time apportioned based on when the claimant year end falls.

To understand more about how to benefit from these temporary first year allowances please contact one of the directors.