GUNFLEET SANDS LIMITED GUNFLEET SANDS II LIMITED WALNEY (UK) OFFSHORE WINDFARMS LIMITE DORSTED WEST OF DUDDON SANDS (UK) LIMITED v Revenue & Customs (CORPORATION TAX - Capital allowances) [2022] UKFTT 35 (TC)
Notes: CORPORATION TAX - Capital allowances - s11 Capital Allowances Act 2001 - expenditure incurred on studies relating to the design and construction of offshore windfarms and their component parts including wind turbines and electrical cables - are the windfarms single items of plant - yes - in the alternative the wind turbines and electrical cables are single items of plant - was the expenditure on the studies incurred on the provision of such plant - yes in some cases but no in others - to the extent that it was not so incurred, could it be treated as pre- trading revenue expenditure and deductible under section 61 Corporation Tax Act 2009 - no - in light of the wording of the closure notices and the consequential amendments to the appellants returns, did they have to prove those items of expenditure - yes - were the amounts of qualifying expenditure set out in the appellants returns "finally determined" for the purposes of paragraph 88 of Schedule 18 to the Finance Act 1998 - no - appeal allowed in part.
Cited in 3 later judgments