The following Owner-Managed Businesses guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
Expenditure of a capital nature is not allowed as a deduction when calculating trading profits. Expenditure of a revenue nature is allowable, provided there is no specific statutory rule prohibiting a deduction and the expenditure also satisfies the wholly and exclusively test. See the Wholly and exclusively guidance note.
The distinction between capital and revenue can be incredibly difficult to make. In some cases, it will be impossible to categorically determine whether expenditure is an allowable deduction.
In some cases, it is better to avoid drawing a distinction if possible. For example, where any capital element is potentially covered by the annual investment allowance, there is no benefit to be gained from spending time analysing the potential for being able to treat the expense as revenue. The amount of tax relief would ultimately be the same.
The focus should be on items of expenditure which will not be eligible for capital allowances, such as certain legal expenses or extraordinary expenditure.
If it is determined that the expenditure is in fact capital, it is possible that it qualifies as an allowable cost of acquisition or disposal of an asset and tax relief will become available on the disposal of that asset through a chargeable gain calculation. This often applies in the context of legal and professional fees. See the Introduction to capital gains tax guidance note.
The risk-based approach can be further developed in the context of larger businesses. It is impractical to review all potentially capital expenses in the profit and loss account. An appropriate threshold for expenditure should be set and only individual items above it should be examined.
See the Simplified cash basis expenditure guidance note for more information on the treatment of capital expenditure for unincorporated businesses using the cash basis.
The distinction between revenue and capital is often difficult to ascertain and must be determined based on the facts of each case.
In the absence of the statutory disallowance of capital, the deductibility of trading
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login
There are several sets of provisions in the Taxes Acts which relate to ‘close’ companies, most of which are anti-avoidance measures aiming to catch transactions between those companies affected and their owners, where there may otherwise be a tax advantage. Broadly speaking, most owner-managed or
The substantial shareholding exemption (SSE) provides a complete exemption from the liability to corporation tax on the gains generated from qualifying disposals of shares and interests in shares by qualifying companies. Conversely, if losses are generated by the disposal and the SSE conditions are
Expenditure of a capital nature is not allowed as a deduction when calculating trading profits. Expenditure of a revenue nature is allowable, provided there is no specific statutory rule prohibiting a deduction and the expenditure also satisfies the wholly and exclusively test. See the Wholly and
Duty to prepare trust accountsUnder the laws of England and Wales, trustees have a duty to account to the beneficiaries for their financial administration of the trust fund. This duty is established by a substantial body of case law. In the case of Armitage v Nurse, Millett LJ stated:“Every
To view our latest tax guidance content, sign in to Tolley Guidance or register for a free trial.