Property Capital Allowances

Capital Allowances are part of standard business routines and therefore claimed each year against the cost you incur to operate. HMRC does not take issue with Property Embedded claims on the basis we adhere to guidelines and the legislation applicable to each case. We maintain an experienced multidisciplinary team of experts ensuring a solid track record and reputation are protected.

The changes in 2014 effectively changed how Capital Allowance claims against the majority of commercial property transactions were calculated and also enforced a time deadline for claiming. This meant that the tax benefit available was now exposed to being lost and put additional pressure on those involved in property transactions. Solicitors and accountants were forced to include Capital Allowances into their routines and take a proactive approach to avoid the risk of negligence claims.

No, Capital Allowance claims are not limited to commercial properties. They can also apply to qualifying assets used for business purposes in various sectors…

 

Typically, Capital Allowance claims are made after the purchase and when the asset is in use for the business.

The most common misconception is the view that any savings achieved by claiming Capital Allowances will be cancelled out later by an increased chargeable gain (if the property is ever sold).

This is not true. Section 41 TCGA 1992 specifically provides that it is not necessary to deduct any Capital Allowances from the cost of an asset for Capital Gains purposes, so it is not possible for a Capital Allowance claim to create or increase a chargeable gain. Capital Allowance claims on Land & Building costs do not reduce the Balance Sheet value.

Capital Allowances relate to the deduction of qualifying capital expenditure from taxable profits. Capital Gains, on the other hand, involve the taxation of profits made from the sale of capital assets.

Not directly. Capital Allowances are tax deductions made instead of depreciation, which is not deductible for tax purposes. Learn more about depreciation

There are different aspects to understanding the eligibility criteria and this article will help guide you. It’s always advised to consult with a tax advisor or accountant to determine eligibility based on your specific circumstances and tax laws.

Assets that do not qualify typically include buildings and land. However, certain integral features of a building and certain alterations to land may qualify for allowances. Expert advice can help to ensure available tax relief doesn’t go unclaimed.

Qualifying assets often include tangible assets used for business purposes, such as plant and machinery. However, the term ‘plant and machinery’ isn’t defined in law, which means expert advice is even more important to ensure qualifying items aren’t missed, such as integral features. Learn more about what can be claimed.

The time limit for claiming Capital Allowances on the purchase of a property varies depending on the circumstances of the case. If a property was purchased before April 2014 there is no time restriction for retrospective claims which means that you can start reviewing your property costs today and potentially unlock a significant tax benefit.

If a property was purchased after April 2014, there could be a 2-year time deadline from completion to claim these allowances. However, the 2-year deadline doesn’t always apply as it’s subject to several factors relating to the purchase. We actively encourage all transactions to be reviewed as Capital Allowances can often be claimed after 2 years have passed.

If you have carried out property improvements to a freehold property, or even a property that’s leased, there is no time restriction in claiming.

Learn more about crucial capital allowance time frames and also take a look at an example of when deadlines have been missed and what the consequences were.

Yes, Capital Allowances can be claimed on both new and second-hand qualifying assets, as long as they meet the necessary criteria.

UK Tax Payers

Capital Allowances are not treated as a direct business expense in the same way as day-to-day operating costs. Instead, they provide tax relief over time by allowing you to deduct a percentage of the cost of qualifying assets from your taxable profits. This deduction helps account for the wear and tear or depreciation of these assets.

Yes, you can make a Capital Allowance claim on like-for-like replacements. When you replace a qualifying asset with a similar one, you can continue to claim Capital Allowances on the new asset. However, there are rules and restrictions, so it’s advisable to seek professional advice.

Yes, business owners, regardless of their legal structure (sole trader, partnership, limited company, etc.), can generally make Capital Allowance claims on qualifying assets used for business purposes. This helps to offset the cost of these assets over time for tax purposes.

Landlords, especially those operating as a business (for example, a furnished holiday let), may be eligible to claim Capital Allowances on certain assets used in their property business, such as furniture and fittings. However, residential properties typically do not qualify for Capital Allowances. Take a look at a landlord case study.

Yes, as a sole trader, you are generally eligible to claim Capital Allowances on qualifying assets used for your business. The allowances are deducted from your profits before calculating your tax liability, providing tax relief for the depreciation of these assets.

Capital assets, such as property and equipment, are typically treated as capital expenditures rather than revenue expenses. This means they are not fully deductible in the year of purchase but are instead subject to Capital Allowances.

Is the entity that spent the capital paying or liable to UK tax i.e., an Individual, a Company, Partnership, Overseas Landlord, etc?

Capital allowances claims are ideally suited to be dealt with on a stand-alone basis separately to other tax matters and we work alongside other advisers without any conflicts of interest.

We would encourage you to complete a review if you answer yes to both of the following conditions:

 

  1. Have you spent significant capital buying and/or improving a commercial property that is in use for the purpose of trade or rental business?
  2. Is the entity that spent the capital paying or liable to UK tax i.e., an Individual, a Company, a Partnership, an Overseas Landlord, etc?

 

Capital Allowance claims are ideally suited to be dealt with on a stand-alone basis separately from other tax matters and we work alongside other advisers without any conflicts of interest.

The majority of our clients are not tax experts therefore most initially have some uncertainty/nervousness about our expertise and quite often think it’s too good to be true. This is why our approach over the past 19 years has been to support advisors across the UK creating trusted relationships. We look to confirm, with certainty, that a claim is possible before progressing the practicalities of the process. This confirmation is shared with clients and their advisors to ensure all parties are comfortable with our approach.

Confirming proof of expenditure can be done in a number of ways. Not having detailed invoices is one of the key reasons capital allowance Review Service is in operation. Our process creates the detail required in a way that satisfies HMRC protocol.

There’s no doubt accountants have an established routine for assessing capital allowances and therefore it’s important to stress that we’re not questioning their or your ability. We look to enhance the level of capital allowances claimed by introducing additional disciplines that add value to the accountant’s work. For example, a survey is completed on the property to identify items that are not visible within the paperwork and sit within Land & Buildings on the Balance Sheet (not Fixtures & Fittings). Stage Payments for leasehold improvements or property builds are a good example of where our process creates the required detail to maximise Capital Allowances.

Working with Us

The majority of our clients are not tax experts therefore most initially have some uncertainty/nervousness about our expertise and quite often think it’s too good to be true. This is why our approach over the past 20+ years has been to support advisors across the UK in creating trusted relationships. We look to confirm, with certainty, that a claim is possible before progressing to the practicalities of the process. This confirmation is shared with clients and their advisors to ensure all parties are comfortable with our approach.

Although we have operated for many years with testimonials on our website, we now have a collection of 5-star Google Reviews. This has proved to be a great way of giving clients and advisors some reassuring reading.

We maintain that a “no win no fee” fee structure with no upfront costs gives clients the peace of mind that they are not exposed to any risk in progressing a review. It’s just as important that both the long-term and short-term benefits are considered when reviewing the client’s tax profile and cash flow. This is completed at the start of our process as to how the tax benefit is crystalized through Capital Allowances can differ from one case to the next.

While having detailed invoices strengthens your claim, it’s still possible to make a Capital Allowance claim without them. Providing as much information as possible, such as asset descriptions, purchase dates, and approximate costs, can help support your claim. We can guide you on the documentation needed for an effective claim. If necessary, we can also visit your premises to construct an on-site inventory of claimable items.

There’s no doubt accountants have an established routine for assessing Capital Allowances and therefore it’s important to stress that we’re not questioning their or your ability. We look to enhance the level of Capital Allowances claimed by introducing additional disciplines that add value to the accountant’s work. For example, a survey is completed on the property to identify items that are not visible within the paperwork and sit within Land & Buildings on the Balance Sheet (not Fixtures & Fittings). Stage Payments for leasehold improvements or property builds are a good example of where our process creates the required detail to maximise Capital Allowances.

The accuracy of the Claims Calculator would depend on the information you input. It’s a useful tool for estimating potential claims, but the actual claim’s accuracy would be determined by the thoroughness of the information provided and the specific rules and regulations governing Capital Allowances.

Yes, you or your representative (such as us) will need to submit the Capital Allowance claim to HMRC. This can be done electronically, and any correspondence or queries from HMRC should be addressed promptly.

Yes, we operate on a percentage-based fee structure. If there is no eligible claim, you won’t incur any charges.

While it’s not mandatory to have an accountant, having professional assistance, especially from specialists like us, can ensure that you maximise your eligible claims and navigate the process more efficiently.

You’ll typically need to provide details about the assets in question, their purchase costs, and relevant documentation such as invoices and receipts. We may guide you on the specific documentation they require for a thorough capital allowance claim.

The time it takes to process a Capital Allowance claim can vary. Generally, it depends on the complexity of your business and the information provided. Using a specialist service like ours may expedite the process, as we are experienced in navigating the specific requirements and can streamline the submission.

To claim Capital Allowances, you need to identify qualifying assets within your business that are eligible for Capital Allowances. These could include items such as machinery or equipment. You can then claim by submitting the necessary information to HMRC. It is advised that the assistance of a specialist service like ours is used to ensure qualifying items don’t get missed.

Although we have operated for many years with testimonials on our website, we have recently started publishing Google Reviews. This is proving to be a great way of giving clients and advisors some reassuring reading.

We maintain that a “no win no fee” fee structure with no upfront costs gives clients the peace of mind that they are not exposed to any risk in progressing a review. It’s just as important that both the long-term and short-term benefits are considered when reviewing the client’s tax profile and cashflow. This is completed at the start of our process as to how the tax benefit is crystalized through capital allowances can differ from one case to the next.

Capital Allowances on...

Expenditure on certain types of building improvements may qualify for Capital Allowances. The nature of the improvement and whether it falls under Capital Allowances regulations will determine the eligibility. Read our article ‘Should I Build or Renovate to Maximise Capital Allowances?’.

Office equipment, such as desks, chairs, and computers, can qualify for Capital Allowances. The allowances are typically claimed based on the cost of the equipment and are spread over several years. Take a look at our office case studies.

Expenditure on heating and ventilation systems in commercial properties can be eligible for Capital Allowances. The rate and type of allowance depend on the specific nature of the system and the applicable tax rules.

Capital Allowances are generally not applicable to residential rental properties. However, commercial properties used for rental income may qualify for Capital Allowances on certain fixtures and fittings. Take a look at a landlord case study.

Expenditure on solar panels will usually qualify for Capital Allowances. The type and rate of allowance depend on various factors, such as the business structure and the date of purchase.

Furnished holiday lets are generally eligible for Capital Allowances. Items such as furniture, fixtures, and fittings within the holiday let can qualify for Capital Allowances. The allowances are typically claimed against the profits of the holiday let business, reducing the taxable income. Take a look at our FHL case studies.

Accountants

Accountants play a vital role in supporting clients during a Capital Allowance claim by identifying eligible assets, gathering necessary documentation, and liaising with us during the claim process. Additionally, accountants can provide strategic advice on tax planning and help clients optimise their Capital Allowances within the bounds of the law. Our team is happy to take control of the process. We work alongside accountants in supporting them as much as possible to ensure these claims aren’t weighing too heavily within their daily routines. 

Accountants should stay informed about changes to Capital Allowances legislation through regular professional development training. We offer CPD training sessions that provide the perfect way to keep up to date with the latest Capital Allowance legislation. These can be done over a video call so your team doesn’t have to travel. We also have a monthly newsletter that you can subscribe to that notifies our readers of any legislative changes.

We do not charge accountants for successful Capital Allowance claims. The service is designed to assist businesses in maximising their Capital Allowances, and fees are charged to the client based on a percentage of the identified tax savings. If no claim is available then no charge is incurred. It’s crucial to discuss the fee structure with us and communicate this transparently to your clients.

You would collaborate with us to ensure you thoroughly document and provide all necessary information about your client’s eligible assets and expenditures. This collaboration may involve submitting detailed records and supporting documents to us to support the Capital Allowance claim.

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