What happens to the capital allowances pool balance and losses on the transition? ?
A. At present, we only have draft legislation and further information is expected to be available later. See:
https://www.gov.uk/government/publications/furnished-holiday-lettings-tax-regime-abolition
The capital allowances pool is effectively taken over by the ongoing property business with written down allowances being claimed. The losses become part of the ongoing property business.
Transitional changes for capital allowances
Normally on the cessation of a qualifying activity a disposal value would be brought into the capital allowances pool in line with s.61 CAA2001 with a resulting balancing charge or allowance arising.
However, for FHLs, a transitional rule will be introduced which will not treat the transition as a cessation or disposal of the plant and machinery. This will allow the pool balance to be transferred to their non- FHL property business with no corresponding balancing adjustment. The business would then continue to claim WDAs as normal, at either 18% or 6% accordingly.
For any additions in the pre-comment period, the FHL business would continue to claim capital allowances. This differs from the normal rule that no PMAs can be claimed in the final period. This is because the new draft legislation does not treat the transition as cessation of the qualifying activity:
(4) Accordingly, the person is not to be taken, by reason only of the effect of the amendments made by this Schedule, as having— (a) brought plant or machinery into use, or ceased to use plant or machinery, for the purposes of a qualifying activity, or (b) permanently discontinued a qualifying activity.
No additions after the post-commencement period would be eligible for capital allowances as s.35 CAA2001 would prevent this. The business could seek to claim replacement of domestic items relief instead under s.311A ITTOA05 – if applicable.
Transitional changes to losses
Prior to the new draft legislation, any FHL losses could be only offset against the FHLs future profits. The draft legislation introduced that any losses brought forward into the post commencement period would form part of the losses for the overall property business brought forward under s.118 ITA 07. So, the brought forward losses would be offset against the overall UK property business profits.
Loss relief against general income
Claims made under s.120 ITA 07 allows the individual to offset the capital allowances element of property loss against general income. The meaning of capital allowance connection is given by s.123(2) ITA 07.
One thing that the draft legislation is currently silent on is whether such a capital allowance created loss in the post-commencement period means that s.120 ITA 07 can apply. S.3(b)(i) & (ii) of paragraph 18 of the finance future measurers brings forward the balance remaining and allocates it to the appropriate pool. Hopefully, this will become clearer in the forthcoming Budget.
For an overview of the FHL’s changes please see the article in Croner-i Tax Weekly here.
