Revenue Precedents

Revenue does not consider tennis courts constitute plant for capital allowances purposes. IT933033

Can a taxpayer opt not to claim capital allowances on a particular asset in a particular basis period, while preserving the written down value forward for future claims? Following the decision in the UK cases of Elliss v BP Oil Northern Ireland Refinery Ltd., and Elliss v BP Tyne Tanker Co., Ltd., capital allowances are not automatically deductible in computing the profits of a company for corporation tax purposes, and a company, if it so desires, may disclaim capital allowances for a particular accounting period. It should be noted that in the case of plant and machinery, the provisions of Section 287 Taxes Consolidation Act 1997 will apply. IT953012

Is a roller shutter fire door regarded as plant? The treatment of expenditure on fire safety equipment differs here from that in the U.K., where capital allowances are available for equipment purchased to comply with a notice served under the Fire Precautions Act, 1971. There is no similar tax legislation in this country. That the doors are part of the premises cannot be disputed. It is the view of this Office that they do not function as part of the plant with which the business is carried on, and are therefore no more than the setting. IT953001

Does the cost of a taxi plate qualify for capital allowances? The cost or value of the taxi licence plate represents both the actual licence plate itself, which is plant, and the right to trade, which is not. It is only the part of the cost which is attributable to the actual licence plate that qualifies for capital allowances as expenditure on the provision of machinery or plant. This will be a nominal amount. IT913025

Is a suspended ceiling which forms one side of an air conditioning plenum regarded as plant? It is the view of this Office that the ceiling is not apparatus used by the company for the carrying on of its business but functions primarily as part of the setting in which that business is carried on. IT953001A

Vehicles used for towing aircraft, stairways for aircraft and luggage at airport – whether vehicle suitable for conveyance by road of persons or goods? Not a vehicle suitable for conveyance by road of persons or goods. IT2041

What is the amount of the wear and tear allowance to be made in the case of refuse trucks? The Revenue Commissioners are prepared to regard refuse trucks as not suitable for the conveyance by road of goods. Therefore allowances claimed under section 284 are given at the rate of 15% per annum on a straight line basis. IT923068