White Knight Associates (WKA) has some breaking news to pass on. A consultation paper has just been issued by HMRC proposing fundamental changes to the rules for capital allowances claims for fixtures in commercial properties. This paper follows the announcement in the 2011 Budget that the Government would be consulting on a ‘mandatory pooling’ proposal.
The proposal is aimed at preventing allowances from being given more than once on the cost of a fixture. If the proposals in the consultation paper take effect as drafted, and become legislation in the 2012 Finance Bill, it will have a lasting impact on all businesses and property investors. It is therefore very important that you know how these proposals could affect you:
Key proposals:
· Buyer and seller will be required to agree a capital allowances transfer value and notify HMRC of all sales within one to two years. It is thought that this would replace the current s198 tax elections which do not currently have to be used and are only applicable once a seller has made a claim;
· The possibility of a s198 tax election for £1 will be withdrawn and transfers will be made at tax written down value, reducing the ability to limit claw back of capital allowances claimed;
· All businesses will be required to pool expenditure on fixtures within a short period after acquisition (‘mandatory pooling’);
· All businesses will be required to pool fixtures for all historical expenditure (‘mandatory pooling’);
Reason for change:
· HMRC consider that the capital allowances history of acquired fixtures have not been satisfactorily checked by taxpayers to date;
· This has led to the perception that claims are being made numerous times on the same fixtures at increasing value, due to the current inefficiency of tracing the tax history;
· This has been backed by HMRC acknowledging that they do not have adequate records or controls to track the tax history of former owners. Transfer values of all property sales are now to be recorded at the time of sale to correct this issue.
Actions you should take:
· Consider making additional capital allowances claims now where you have not already made a claim or where there could be an under claim.
Currently, the wording of HMRC’s consultation does not prevent additional claims being made before properties are sold. However, due to the imminently expected change you may wish to fully secure your rightful capital allowances benefits while you still can;
· You should consider transferring properties inter group with s198 election for £1 to lock in capital allowances claims today as future third party sales seem increasingly likely to require transfers at tax written down value;
· The consultation paper does not address the practical implications of a large amount of property transfers. It makes no reference to how the transfer value is to be calculated if both parties are non-tax payers (such as charities). Additionally, if the seller did not fully claim their allowances, it is not clear what flexibility, if any, there is for the purchaser to make any additional claims.
It is clear that there are a number of uncertainties and ambiguities to consider. No doubt many issues will be raised in the consultation process and more information will be available throughout the consultation period.
WK Associates, as one of the industry’s most proactive experts, intend to take an active role in lobbying during the consultation period. Please make sure you look out for our regular updates and feedback.
If you would like us to include your comments please let us know by email to info@wk-associates.com
With every change that HMRC try and introduce there is an opportunity for clients; White Knight associates will ensure we give you the best chance to take advantage of that opportunity.
Source: www.portaltaxclaims.com
For more information and a free evaluation to see if you can claim contact us at:
http://www.wk-associates.com/
or call:
WKA on 0203 384 7230
No comments:
Post a Comment