Melluish (Inspector of Taxes) v BMI (No 3) Ltd and Related Appeals: CA 17 Aug 1994

Capital allowances were not available on plant which had been leased to the Local Authority and which had since had become part of land occupied by them. The plant was no longer owned by the tax payers. Leased fixtures given capital allowances by sch 17 of 1985 Act after 1984.

Citations:

Gazette 19-Oct-1994, Times 17-Aug-1994, Ind Summary 05-Sep-1994

Statutes:

Finance Act 1985

Jurisdiction:

England and Wales

Citing:

Appeal fromMelluish (Inspector of Taxes) v BMI (No3) Ltd and Related Appeals ChD 15-Feb-1994
No capital allowances were available for a lease of heating equipment in a tenanted property. Allowances might be available if the property were not tenanted. . .

Cited by:

Appeal fromMelluish (Inspector of Taxes) v BMI (No 3) Ltd and Related Appeals HL 16-Oct-1995
Chattels which became affixed to a lessee’s land became fixtures, and were not available for tax allowances calculations. Lord Browne-Wilkinson said: ‘The terms expressly or implicitly agreed between the fixer of the chattel and the owner of the . .
Lists of cited by and citing cases may be incomplete.

Corporation Tax

Updated: 26 October 2022; Ref: scu.83608