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RLB_UK_Riders_Digest_2013

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<strong>UK</strong> CONSTRUCTION INFORMATION<br />

Tax Savings<br />

Relief is given at 150% for qualifying expenditure, which is available to<br />

<strong>UK</strong> companies only.<br />

Where clients hold property as an asset, such as a retail portfolio, the<br />

full 150% must be claimed in the year in which the expenditure was<br />

incurred. In cash terms this equates to a 36% saving (assuming 24%<br />

corporation tax) on all expenditure claimed on land remediation relief.<br />

Where clients trade property (e.g. developers), a 50% benefit is realised<br />

as all construction expenditure (100%) is fully written off in any event<br />

to the profit and loss account, therefore enabling the extra over 50%<br />

to be claimed. The extra over 50% relief is only available to claim on<br />

disposal of the property. In cash terms this equates to a 12% saving<br />

(assuming 24% corporation tax) on all expenditure claimed on land<br />

remediation relief.<br />

The only restrictions are that a company is not entitled to claim:<br />

<br />

<br />

grant funding or,<br />

<br />

order to account for the cost of remediation works and stated as<br />

such in the purchase agreement.<br />

Land Remediation/Derelict Land Tax Credit<br />

If a <strong>UK</strong> company makes a loss for an accounting period in which<br />

they incur expenditure on remediating contaminated or derelict<br />

land, they may elect to receive a payable credit from HMRC. The<br />

amount of tax credit which can be claimed is 16% of the qualifying<br />

LRR for the accounting period the claim relates to. For both<br />

investors and developers, the cash return is equivalent to 24% of the<br />

expenditure incurred (16% x 150%).<br />

Completed developments<br />

Retrospective claims are available on expenditure incurred within two<br />

years from the year end within which the expenditure was incurred.<br />

For example, if a client’s year end is 31 March <strong>2013</strong> any expenditure<br />

incurred after 1 April 2011 can qualify for tax relief, so immediate tax<br />

savings can still be realised.<br />

Planned developments<br />

If this tax relief is factored into the appraisal, project viability can be<br />

improved.<br />

Below are a few examples of the types of works where we have<br />

successfully claimed land remediation relief:<br />

<br />

<br />

works qualify for land remediation relief, including all associated<br />

works (e.g. prelims, professional fees, prolongation etc.).<br />

<br />

<br />

<br />

<br />

<br />

The 2009 budget included amendments to the current legislation<br />

which came into effect on 1 April 2009. This tightened the qualifying<br />

criteria for LRR and removed some items from eligibility.<br />

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