By Christopher Jones
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Extra info for Introduction to Business Taxation, Finance Act 2004, First Edition
Costs of travelling from home to work are not allowed as a deductible expense for self-employed individuals as they are not incurred for the purposes of the trade. However, the dentist would stop off at the lab on his way to work to pick up bits and pieces of equipment he required to insert into his patients’ mouths. He then drove on to the surgery. The dentist argued that the costs of travel between the lab and the surgery were allowed, effectively saying that his work started on reaching the lab.
The company had incurred the costs in its capacity as a taxpayer, not in its capacity as a trader. Therefore the costs did not relate specifically to its trade. Following on from this case, the Revenue will not accept a deduction for the cost in preparing an individual’s personal tax return even though the return will include details of the trader’s DI income. This is because the cost is being incurred in the individual’s capacity as a taxpayer, not in his capacity as a trader. So how do we treat accountancy fees levied for dealing with a tax enquiry?
This is VAT which the trader is unable to claim back for various reasons - this will become clearer once you have studied the VAT part of your course. s. 1(2)(a) s.. 2 Definition of “Plant and Machinery” The definition of plant and machinery is found in the Capital Allowances Act of 2001 (CAA 2001). There is also a significant body of case law discussing what is and what is not plant. s. 21s. 33 CAA 2001 defines what is non-qualifying expenditure. Therefore if an item is not within the non-qualifying expenditure, by elimination it is likely to be regarded as plant.
Introduction to Business Taxation, Finance Act 2004, First Edition by Christopher Jones