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Capital allowances, buildings and a drafting error: uncertainty remains for Urenco

Paul Farey (AECOM) considers the impact of a Court of Appeal decision in the long-running Urenco capital allowances case.

Five years on from the original appeal by the taxpayers and following decisions by the First-tier Tribunal (FTT) Upper Tribunal (UT) and Court of Appeal (CA) the case of Urenco Chemplants Ltd and another v HMRC (2022) EWCA Civ 1587 has still not reached a conclusion.

Background

The case concerns the availability of capital allowances for expenditure on the construction of a specialised facility for the treatment and management of highly toxic and radioactive waste in the civil nuclear industry known as ‘Tails’. The construction project consisted of a new ‘Tails Management Facility’ (TMF) located in Capenhurst Cheshire which was completed in 2018 at a total cost of £1bn. The TMF provides storage of this dangerous material and facilitates a process of deconversion involving removing the fluorine...

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