It is often a point of concern to clients who run their own business that not all their expenses are allowed by HM Revenue and Customs.
The general rule is that an expense must be 'wholly and exclusively' incurred in running that business for it to be allowed. This is wide and loosely drafted concept with no strict definition in law.
Many expanses are straightforward – for example, goods bought for resale, employees' salaries, advertising and so on will be allowed, as long as they are incurred 'wholly and exclusively' in the running of the business.
Items never allowed by HM Revenue and Customs
Over the years, HM Revenue and Customs (HMRC) have drawn up a list of items that are never allowed as expenses of the business.
For instance, customer entertaining expenditure is never allowed, so the cost of taking a customer out to a business lunch is not deductible in working out the taxable profits.
Some of the common items not allowed by HMRC include:
- Customer entertaining
- Depreciation (see below)
- Items used for private use
Depreciation and capital allowances
Depreciation is the 'wear and tear' on long-term assets such as cars, computers and machinery, and it is shown as an expense in the company's accounts.
HMRC do not like the way accountants calculate this and insist that their own rules are used.
HMRC call depreciation capital allowances. This means that allowance is made for the wear and tear of these assets but the amounts worked out by accountants and HMRC will differ.
Grey areas
There is a whole range of expenses that have specific rules and should be handled with a great deal of care. These include legal costs, repairs and leases.
For instance, legal costs are only allowed if they are of a 'revenue' nature such as recovery of bad or doubtful debts. The legal costs of buying a property, however, would not be allowed as this is or a 'capital nature'.
Repairs are generally allowed unless they are of a capital nature. This is a very difficult area and you will need the help of an accountant to determine the correcttreatment.
If your business is about to incur significant expenditure and you are unsure of its tax treatment, simply call us here at Appletons! We will pleased to advise you.