Capital Allowances recognise expenditure incurred in the purchase of commercial properties and other assets as a tax allowable expense (unlike ‘depreciation’), reducing taxable profits and the associated tax liability. Furthermore, claiming Capital Allowances does not increase future capital gains tax liability if the property is subsequently sold. However, recent legislative changes has placed even greater emphasis on both buyers and sellers of commercial property to review their Capital Allowance entitlement.
We have helped secure millions of £’s of tax relief via Capital Allowance claims for our clients. Our specialist expertise and knowledge of the Capital Allowance Act 2001 (CAA2001) ensures our clients benefit from the best advise possible across various property types:
Hotels, Care Homes, Dental Practices, GP Surgeries, Veterinary Practices, Offices, Industrial Units, Warehouses, Retail Units, Car Showrooms, Pubs, Restaurants, Petrol Stations, Students Lets, Holiday Lets.
Qualifying items have included:
Heating, Ventilation, Lighting, Electrical Installations, Hot/cold Water systems, Data Installations, Fire Doors, Security/CCTV, Signage, Sanitary Fittings, Telecoms, Lifts/Escalators, Flooring, Windows, Machinery
Both the buyer and seller of a commercial property must agree and sign an s.198 election, confirming the value at which the fixtures are to be transferred for the purposes of a Capital Allowances claim, either at the point of sale or within two years of the transaction date.
The seller must ‘pool’ the value of all fixtures within the property being sold and notify HMRC by including this in their tax return. Only once this has been declared to HMRC shall the buyer be able to claim Capital Allowances on the acquisition.
These changes are very important and should be addressed by engaging a specialist Capital Allowances adviser to ensure the correct procedures and documents are in place. Unless addressed correctly, the buyer of the property may lose any entitlement to claim Capital Allowances tax relief for ever.
Capital Allowances provide relief by allowing for the deduction of expenditure incurred in acquiring ‘Plant & Machinery’ from your taxable profits. Most types of Plant & Machinery can be deducted in full as part of the AIA (Annual Investment Allowance) for the period in question, currently legislated at £1,000,000 pa; capital assets which don’t qualify for AIA (or whose costs breach the £1,000,000 limit) may instead be deducted at either 8% pa or 18% pa, depending upon the nature of the asset. In addition to the AIA threshold, certain environmentally friendly asset types may qualify for 100% Enhanced Capital Allowances (ECA), whilst assets acquired in pursuit of qualifying Research & Development may attract Research & Development Allowances (RDA), also at 100%.
Capital Allowances can be claimed for qualifying expenditure on items which are used in the business, often referred to as ‘Plant & Machinery’.
