The taxpayer had income from property lettings. In his 2005/06 tax return he claimed £119 000 for repairs and renewals. HMRC said the amount claimed for repairs of an outbuilding was capital expenditure and therefore not allowable.
The taxpayer appealed and requested a review of the decision. The review upheld HMRC’s decision. It concluded:
- The outbuilding had been converted from storage to provide additional living which required substantial capital expenditure.
- If the outbuilding has been put back into good repair and still used for storage the expenditure might have been allowed as repairs.
- Plans and ‘before and after’ photographs showed different use after the work.
- The outbuilding was a separate building.
The matter proceeded to the First-tier Tribunal which examined the photographs of the outbuilding and judged that it had been in a...
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