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Orsted West of Duddon Sands (UK) Ltd and others v HMRC

Court of Appeal decides capital allowances are available for environmental studies 

In Orsted West of Duddon Sands (UK) Ltd and others v HMRC [2025] EWCA Civ 279 (17 March) the Court of Appeal (CA) overturned the decision of the Upper Tribunal (UT) holding that the companies were entitled to capital allowances in respect of certain environmental studies undertaken before and during the construction of offshore windfarms. 

The four appellant companies were members of the same group and each owned and operated an offshore wind farm for the generation and sale of electricity. Each company claimed capital allowances for expenditure incurred in the construction of the wind farms. Following an enquiry HMRC disputed that allowances were available for expenditure on various preliminary studies including environmental impact studies and assessments metocean studies (studies on water level wave regime currents and wind conditions) geophysical and...

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