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Pub discussion

13 June 2012 / Mark Morton
Issue: 4357 / Categories: Comment & Analysis , Land & property
MARK MORTON reviews a decision about incidental expenditure on the installation of plant and machinery

KEY POINTS

  • The eligibility of incidental expenditure under CAA 2001 s 25.
  • The progress of the three tribunal hearings.
  • Has plant become part of the premises?
  • Does CAA 2001 s 66 apply to expenditure on incidental alterations or on making the plant more usable?
  • Apportioning the cost of preliminary expenditure.

The question of whether an item qualifies as plant or machinery and thus becomes eligible for capital allowances – rather than simply being a capital expense to be taken into account in a future capital gains tax computation – can be complicated but things can become even more convoluted when considering costs that are incidental to the expenditure on the installation of the plant or machinery.

In a case before the Special Commissioner in 2007 (JD Wetherspoon plc...

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