Corporation Tax

Transfer of business premises

Produced by Tolley
  • 23 Mar 2022 11:05

The following Corporation Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • Transfer of business premises
  • Capital allowances ― fixtures
  • Buildings allowances
  • Rollover relief
  • Proceeds not fully re-invested
  • Conditions for the relief
  • Qualifying assets
  • VAT
  • Stamp duty land tax (SDLT)
  • Share sales

Transfer of business premises

This guidance note summarises the factors to take into account on the transfer of business premises as part of a trade and asset sale. Please also refer to the Capital allowances ― property transactions and fixtures guidance note.

Capital allowances ― fixtures

Buildings usually contain fixtures, ie items which are attached or placed permanently in the building. Examples of fixtures include:

  1. lifts and escalators

  2. heating, lighting and electrical systems

  3. alarm systems

  4. sanitary appliances, and hot and cold water systems

  5. telephone and data installations

The availability of capital allowances on such items for the purchaser of the building will depend on whether the previous owner could have claimed capital allowances, the original cost of the fixture and what disposal value has been brought into account on a previous disposal. In most cases, the capital allowance claim will depend on the seller having pooled the fixture and a value for the fixture being fixed by means of a joint election, usually under CAA 2001, s 198 but sometimes under section 199. It is important therefore to ensure these formalities have been done and documented within the required timescales and that the purchase contract reflects the requirement for the seller to pool any fixtures within their tax computations. More details of the capital allowance rules on fixtures can be found in the Capital allowances ― property transactions and fixtures guidance note.

Buildings allowances

With effect from 29 October 2018, a type of capital allowance is available for construction expenditure on non-residential

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