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Unfixing the system

27 September 2011 / Andy Wells
Issue: 4323 / Categories: Comment & Analysis , Business , Capital Gains , Income Tax
ANDY WELLS considers capital allowances and embedded fixtures in light of a recent tribunal decision

KEY POINTS

  • Claiming capital allowances on newly purchased property.
  • HMRC guidance is at odds with the legislation.
  • First-tier Tribunal case negates the need for new rule.
  • Implication of introducing a pooling window.

Capital allowances were the subject of a number of consultations in May this year.

This article is concerned with the paper Capital Allowances for Fixtures which identified what HMRC saw as a risk of a ‘significant tax loss to the Exchequer’ arising from a duplication of relief when capital allowances are claimed by the new owner for fixtures in a building that has changed hands even though there...

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