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Contents

Official guidance
Business Income Manual

BIM46400 · Specific deductions: professional fees

  • BIM46405 · General principles
  • BIM46410 · In-house costs
  • BIM46415 · Tangible and intangible capital assets
  • BIM46420 · Renewal of leases
  • BIM46425 · In connection with equity finance
  • BIM46430 · Other loans
  • BIM46435 · Capital structure of business
  • BIM46440 · Capital compensation claims
  • BIM46445 · Court proceedings
  • BIM46450 · Taxation account & negotiations
  • BIM46452 · Fee protection insurance
  • BIM46455 · Tax, rating & VAT appeals
  • BIM46460 · Take-over bids
  1. Specific deductions: professional fees: contents
  2. Specific deductions: professional fees: other loans

BIM46430 | Specific deductions: professional fees: other loans

From HM Revenue & Customs · Business Income Manual

Fees connected with raising, repaying or replacing long-term finance - capital

Outside certain trades in the financial sector, fees incurred in connection with raising, repaying or replacing long-term finance, or rearranging the terms on which such finance is borrowed are capital on general principles, see:

  • Texas Land and Mortgage Co v Holtham [1894] 3 TC 255 (see BIM35580)

  • Montreal Coke & Manufacturing Co Ltd v Minister of National Revenue (Canada) [1944] 1 All ER 743

  • Whitehead v Tubbs (Elastics) Ltd [1983] 57 TC 472 (see BIM35575)

For the borderline between finance that is an ordinary day-to-day incidence of carrying on the business and long-term finance, see Beauchamp v Woolworths PLC [1989] 61 TC 542.

The cost of transferring a mortgage on business premises is capital, see Small v Easson [1920] 12 TC 351.

However, there is a statutory relief for many of the incidental costs incurred in relation to loan finance, see BIM45800 onwards.

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