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Post Info TOPIC: Posh sheds.....


Guru

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Posh sheds.....
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Hi,

 

My understanding is a garden shed office is capital expenditure - without being eligible for capital allowances.

 

CAA 2001 Sections 21 and 22 doesn't necessarily rule out a wooden shed. Unless you compare a shed to, -found under list A;

  Walls, floors, ceilings, doors, gates, shutters, windows and stairs.

 

HMRC CA21100 - This sheet contains reference to various case laws -

 

Firstly, two questions within a question;

 

1) In regards to case law - Will a more recent case law take precedent over a previous case law? (Same subject area, or there abouts)

2) Will a case law from a Higher court, take precedent over a lower court? The answer seems obvious, yet I'm unsure if case laws are ever voided as such.

 

Within CA21100 - This is from the Yard arm case -

Quote;

"a characteristic of plant appears to be that it is an adjunct to the carrying on of a business and not the essential site or core of the business itself."

Oxford dictionary -

Adjunct A thing added to something else as a supplementary rather than an essential part: (I'm not taking the Michael referencing the dictionary, I hear the Oxford dictionary is extremely important in interpreting law)

In the same case the third court of appeal hearing, the judge made clear -

  "premises only becomes plant if they function as plant"

 So, depending on your interpretation of plant, how would you account for a shed and it's features? How would you account for the electrics?

 

There is one last case I will add -

 

The premises test; Wimpy International Ltd v Warland

 

 



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Johnny  - Owner of an overly-active keyboard. 

A man who can read, yet doesn't, is in no way wiser than a man who can't.

 



Master Book-keeper

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This one has been done to death on here and caused quite a lot of friction. Have a search round and you can see the comments.

__________________

 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



Guru

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Hi,


If it has caused friction, can it be taken that is not so easy to interpret?

I've had a look through a couple, there does seem to be 'reasonable' opinions on each side, as an oppose to grounds, towards the yes camp.

In particular I wanted to see how the law / case law is being interpreted to reach the conclusion that a shed is plant?











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Johnny  - Owner of an overly-active keyboard. 

A man who can read, yet doesn't, is in no way wiser than a man who can't.

 



Forum Moderator & Expert

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Hi Johnny,

rather than starting a new thread you might want to read this one

www.book-keepers.org.uk/t60947639/capital-allowance/

then add your comment to the bottom of it.

kindest regards,

Shaun.



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Shaun

Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.



Guru

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Hi Shaun,

It confirmed my thoughts.

Thanks.

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Johnny  - Owner of an overly-active keyboard. 

A man who can read, yet doesn't, is in no way wiser than a man who can't.

 



Master Book-keeper

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That's the link, thanks Shaun.



__________________

 Joanne 

Winner of Bookkeeper of the Year 2015, 2016 & 2017 

Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position

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