This roundtable was originally published by Real Deals and features WA’s Head of Investor Services, Lizzie Wills. Please find the original here.
In the wake of the UK Spring Budget announcement, Rhiannon Kinghall Were, head of tax policy at Macfarlanes and Lizzie Wills, head of investor services at WA Communications, discuss how GPs can take advantage of the Super Deduction tax benefit.
Rhiannon Kinghall Were, head of tax policy at Macfarlanes
The Super Deduction was the surprise in the Spring Budget. There was the expectation around an increase in the rate of corporation tax, which has now increased to 25 per cent as the rumours suggested, and the hike in the rate has been tempered by this new investment incentive. The announced Super Deduction should be a significant incentive to businesses, because not only do they get a deduction for the full cost of investments made in the year of acquisition, but they also get an additional 30 per cent, making it a total of 130 per cent that can be deducted against profits. However, as the Super Deduction is only temporary in nature, companies will feel the full impact of the increase in the rate of corporation tax in 2023.
Unprecedented tax policy
From a global policy perspective, it is unusual that they’ve opted for this measure, I haven’t seen any other country go over 100 per cent before. By way of example, through the Super Deduction if a business makes an investment in plant and machinery of £10m then they get a deduction from their profits of £13m. That provides a potential tax saving of £2.47m.
In terms of where the Super Deduction will impact the PE industry, it will largely be the portfolio companies that invest heavily in ‘plant and machinery’ who will benefit. Many operators in manufacturing, infrastructure, pharmaceuticals and biotech, will be the largest benefactors. Interestingly when you look at total capital allowances claims the financial services sector takes third position, following manufacturing and retail.
Just what is classified as ‘plant and machinery’ isn’t actually defined in legislation but most tangible assets used in business should qualify, whether that’s robots on production lines in factories, electric vehicle charging points or simply computer equipment. If a company is buying new software platforms to be used in business, then that would also qualify. One thing to note is that these deductions do not extend to actually buying a property.
While the 130 per cent deduction is very novel, the extent to which companies will be able to benefit will depend on their circumstances and where they are in their investment cycle.
For instance, the Super Deduction can only be made on new contracts entered into after the budget date. If you had already signed contracts to purchase new equipment that investment would not qualify, as the investment was effectively made before the Super Deduction came into play.
The biggest limitation of the policy is the short window of time. The incentive is only available for two years, from 1 April 2021 through to the end of March 2023. It’s a short timeframe to make a big difference. There is also the caveat that it has to be new items, you cannot deduct the purchase of second-hand items which is significant for manufacturers where there is a good market for second-hand equipment and machinery. My advice to businesses would be to look down the pipeline of where the business is going, if there’s any investments or purchases that you can bring forward now is the time to do it.
Lizzie Wills, head of investor services at WA Communications
As political risk specialists, WA supports investors and their management teams to understand the often-contradictory messages coming out of government. The last twelve months have shown just how important it is to be able to read these signals, to interpret them, and to be in the strongest possible position to mitigate the risks and capitalise on the opportunities they represent. The Budget has been no exception, and the Super Deduction is a case in point. The announcement has raised several questions about the government’s intentions, not least: What does the announcement tell us about how the government plans to balance the books post-Corona? How is the Treasury going to pull off its ‘spend now, pay later’ promise but minimise the pain that both businesses and taxpayers face in the coming months and years.
Hey Big Spender
The Chancellor’s Budget announcement on the Super Deductions benefit was one of the few that had escaped the extensive media pre-briefing. The Chancellor was understandably keen to soften the ground for many of the planned announcements, not least that the government’s intention to increase corporation tax to 25 per cent in 2023.
Getting to the bottom of the Treasury’s thinking, at least on the face of it, is pretty straightforward. Through measures like the Super Deduction, the Treasury is hoping to supercharge businesses’ appetite to invest – to the tune of £25bn – and to spur on the post-Corona recovery.
It’s an eye-catching pitch, with businesses previously reticent to invest in new plant and machinery potentially now having the impetus to do so. The Government will also be hoping that as an added benefit it supports their headline domestic priority to ‘level up’, given its the big manufacturing firms located outside London and the South East that are most likely to benefit.
What’s the catch?
There are questions already about whether the Super Deduction is the best way for the Government to spend £25bn. Arguably the majority of the companies benefitting from the tax relief would be making these investments anyway. It will also add another layer of complexity to a tax regime that already runs to thousands of pages. Not only that, but there are strict eligibility criteria which means that not all firms will be able to access the relief, super deductions are only available to companies subject to corporation tax. Therefore those facing the 25 per cent rise in 2023. Sole traders, partnerships and LLPs are not eligible.
The deduction is also only available for new plant and machinery, rather than second-hand equipment. There may also be additional criteria that firms must meet if they are intending to purchase plant and machinery under a hire purchase agreement, which is pretty standard for SMEs.
A further restriction is the tightly defined period for accessing the deduction, meaning that some businesses might inadvertently miss out. Any investment committed to, ahead of 1 April 2021 won’t be eligible for the relief, and any delays between signing new contracts and incurring costs may have implications for what qualifies as tax deductible expenditure under the new scheme.
Mark Bryant, head of manufacturing at BGF
“Specific improvements in capital allowances that encourage manufacturers to invest in equipment will ultimately improve productivity and competitiveness both internationally and domestically. It is a positive move for the UK economy at large. For many businesses across the country that have faced severe disruption over the last year and are confronting the big challenge of rebuilding their balance sheets, there are still concerns that they may not have the flexibility to make significant capital investments at this time. It will be important to continually assess the extent to which smaller companies are utilising these new tax incentives.”
Simon Wax, partner at Buzzacott
“The main question for PE firms should be how much do tax deductions influence their buying decisions. Arguably the underlying performance of the business is more significant, however, paying less tax will clearly improve the cash flow forecasts for companies which could be another catalyst for PE houses to get more deals approved in the short term. Another opportunity for PE firms would be where they are looking at buy-and-build strategies that would require their portfolio investment companies to invest in order to see growth and realise returns.”
Andrew Aldridge, partner at Deepbridge Capital.
Growth-focused businesses will ultimately be the backbone of economic recovery. Investors will be working with portfolio companies to assist them in utilising Super Deduction and growth schemes which can assist with either short-term working capital or longer-term growth capital. The past twelve-months have seen unprecedented UK Government initiatives for supporting businesses which, coupled with longer-term initiatives such as the EIS, make the UK one of the best places to scale a business.”