Retail landlords and owner-occupiers often hold substantial unclaimed relief in fire alarm systems, security shutters, lighting, toilets and counters. A recent Manchester retail strip bought for £1.9m produced £380,000 of unclaimed allowances.
We typically find about 20% of the purchase price. On a £450,000 unit that is £90,000 of allowances and around £36,000 in tax relief for a higher-rate taxpayer. Shop fits and refurbishments usually qualify at a much higher rate.
Our specialists typically take about six weeks from first meeting to relief, and there is no fee if we can’t identify previously unclaimed allowances.
Typical claim
Retail bought for £450,000
Share typically unclaimed
20%
Capital allowances
£90,000
Relief for a 40% taxpayer
£36,000
Illustration only. Companies pay corporation tax at up to 25%, so relief would be lower.
What qualifies
Items we claim in retail
Shop fit-out
Heating and ventilation
Electrical and lighting
Security shutters
Counters and display fittings
Bathroom and kitchen fittings
Automatic door machinery
Stair fittings, suspended ceilings and partitioning
Decorative and ambience items
Main rate pool (14%) or AIAIntegral feature: special rate pool (6%) or AIA
Legislation that matters
The rules and cases behind a retail claim
Analyse every component
Cole Bros v Phillips [1982]
The House of Lords looked at a department store’s electrical installation part by part rather than as one system. The same approach, now reinforced by the integral features rules, drives a retail survey.
What a shopfront is
Wimpy International v Warland [1989]
Shopfronts, floors and wall finishes were held to be part of the premises, while items with a function in the trade were plant. Knowing which side of that line an item sits is the job.
Buying a parade
s198 CAA 2001
On a portfolio or parade purchase, the CPSE replies and s198 elections decide whether allowances pass to you. Blank, nil or £1 entries usually mean value has been lost.
Embedded allowances need a property survey, a valuation and specialist tax knowledge. Most accountancy firms claim invoiced items such as furniture and computers, but don’t have the surveying resource to identify fixtures built into the fabric of a building.
Does a claim affect Capital Gains Tax?
Allowances are not deducted from the cost of the asset when calculating a gain (s41 TCGA 1992), so a claim cannot create or increase a chargeable gain. They can restrict a capital loss, and on a sale the s198 election decides what passes to the buyer, so plan it into the transaction.
What if HMRC questions my claim?
Every claim is documented to stand up to scrutiny, and we support you throughout any HMRC enquiry. To date every report we have submitted has been approved.
Are there any hidden costs?
No. If we can’t identify previously unclaimed allowances, there is no fee. Full fee terms are set out in our engagement letter.