Property capital allowances and CGTJul. 11, 2017, 9:14am
Does a Property Embedded Capital Allowance claim impact the CGT calculations on disposal?
No. A common misconception is the view that any savings achieved by claiming capital allowances will be cancelled out later by an increased chargeable gain. This is not true and made clear in s41(1) Taxation of Chargeable Gains Act 1992 (TCGA 1992), which says “Section 39 shall not require the exclusion from the sums allowable as a deduction in the computation of the gain of any expenditure as being expenditure in respect of which a capital allowance or renewals allowance is made” (s39 TCGA says any expenditure that would be an allowable deduction when calculating an income or corporation tax liability may not be deducted when computing a capital gain).
Section 41 TCGA 1992 therefore specifically provides that it is not necessary to deduct any capital allowances from the cost of an asset for capital gains purposes, so it is not possible for a capital allowances claim to create or increase a chargeable gain. Furthermore, claiming capital allowances also has no effect on the calculation of any capital gains indexation allowance that may be claimed.
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