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HMRC issues clarifications on SBAs

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HMRC has sought to address the following three points raised in the CIOT paper Uncertainties in relation to structures and buildings allowances on the application of the structures and buildings allowances (SBAs) legislation:

  • Pre-29 October 2018 site clearance and preparation: the concept of a 'connected preparatory contract' is implicitly included in the wording of CAA 2001 s 270AB. HMRC's response explains when site clearance is or is not part of the process of construction. The concern here was that construction could be treated as beginning before 29 October 2018 meaning that SBAs would not be available.
  • Framework agreements: a framework agreement would determine the SBA commencement date where it included instructions to build specific buildings or structures, but not if it only set general terms for future construction contracts. The concern was that a pre-29 October 2018 agreement might preclude SBAs for all subsequent build phases.
  • Qualifying use: the term 'building' at CA92100 (in HMRC's Capital Allowances Manual) refers to both a building and a structure, responding to a concern that the first use date only applied to buildings.
Issue: 1629
Categories: News
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