BIM46405 - Specific deductions: professional fees: general principles

Professional fees are not allowable if they are:

  • capital, see BIM35000 onwards, or
  • excluded by statute; for example ICTA88/S74 (1)(a), see BIM42101 - BIM42105, or ICTA88/S74 (1)(e), see BIM46445.

Except where the matter is clear-cut, the circumstances surrounding the payment and the precise nature of the professional services provided need to be examined to consider the nature and underlying purpose of the expenditure when it is incurred. It is immaterial that the expenditure may subsequently prove to be abortive, see Pyrah v Annis and Co Ltd [1956] 37TC163 and ECC Quarries v Watkis, 51TC153, BIM35325.