BIM35120 - Capital/revenue divide: basis of computation: costs incidental to capital expenditure are not allowable

You must first ascertain the annual profits of the trade, as required by ICTA88/S18 (1)(a)(ii). To do that you set against receipts of the trade the expenditure necessary to earn them according to what the courts have described as the ordinary principles of commercial accounting. It is clear that the courts have in mind that the exercise should exclude the deduction of expenses relating to capital transactions because such expenses would not be incurred in earning profits and would not be deductible in accordance with the courts’ interpretation of the ordinary principles of commercial accounting. The disallowance extends to expenditure that is incidental to the capital expenditure.

Not every expense that is properly charged in the profit and loss account according to the ordinary rules of commercial accountancy and UK GAAP is deductible for income tax. For example under UK GAAP a deduction is required for the cost (capital expenditure) of depreciation. For income tax purposes depreciation is not an allowable deduction in computing profits.

When you have computed the annual profits as described above you then have to exclude the matters referred to in specific statutory provisions, for example ICTA88/S74 (1).