This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Expenditure on preparatory work was eligible for capital allowances

By Mark McLaughlin, May 2025

Capital allowances were available for expenditure incurred on a variety of studies (including surveys) carried out in the years before wind farms became operational. 

The appellant companies owned and operated offshore wind farms. They claimed capital allowances on expenditure incurred on a variety of studies (including surveys) undertaken as part of the environment impact assessment carried out in the years before the windfarms became operational. HM Revenue and Customs (HMRC) issued notices denying the allowances. The appellants appealed. The First-tier Tribunal (FTT) concluded that the appellants were entitled to capital allowances in relation to some of the costs of the studies. HMRC appealed. The Upper Tribunal held that the appellants could not claim capital allowances or make deductions from their profits. The appellants appealed.  

The Court of Appeal had to consider the following issues: (i) The extent (if any) to which

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Company liable to penalty of £1m for failing to comply with its obligations under the DOTAS rules
By Mark McLaughlin, February 2026
Expenditure was not an allowable deduction and not qualifying R&D expenditure
By Arthur Weller, December 2024
Compensation settlement receipt was revenue in nature
By Mark McLaughlin, August 2021
No entitlement to treaty relief but unilateral credit was available
By Mark McLaughlin, August 2021
The ‘business in question’ was carried on by a related party before 1 April 2002
By Mark McLaughlin, October 2020