In Urenco, the Upper Tribunal held that the First-Tier Tribunal made certain errors in law in deciding to deny the taxpayer plant and machinery capital allowances. The decision is another recent example of the courts being asked to consider the common meanings of words used in the CAA 2001. The UT’s conclusion that the term ‘building’ has a number of ordinary meanings, and each of these should have been considered in the context of the legislation, has given the courts some flexibility in applying the legislation to increasingly innovative assets. The flurry of recent cases in the area may be partly explained by the seven-year gap between the removal of IBAs and introduction of SBAs, which has put increased pressure on the application of the legislation relating to plant and machinery capital allowances to large power generation projects.
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In Urenco, the Upper Tribunal held that the First-Tier Tribunal made certain errors in law in deciding to deny the taxpayer plant and machinery capital allowances. The decision is another recent example of the courts being asked to consider the common meanings of words used in the CAA 2001. The UT’s conclusion that the term ‘building’ has a number of ordinary meanings, and each of these should have been considered in the context of the legislation, has given the courts some flexibility in applying the legislation to increasingly innovative assets. The flurry of recent cases in the area may be partly explained by the seven-year gap between the removal of IBAs and introduction of SBAs, which has put increased pressure on the application of the legislation relating to plant and machinery capital allowances to large power generation projects.
If you are not a subscriber, subscribe now to read this content.
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