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Can the costs of a condemned boiler be deducted for capital gains tax purposes?

Question:

I have had to replace the boiler in a house that I am selling, as the old one was condemned. The replacement is like-for-like. Can I offset the cost for capital gains tax (CGT) purposes? 

Arthur Weller replies:  

Since the replacement boiler was a like-for-like replacement it is not an improvement, so not an allowable expense for CGT purposes. But the cost could be offset against rental income if this is a rental property. See HMRC’s Capital Gains Manual at CG10260, where it states: “Similarly, any expenditure which is or in some circumstances might be allowable in the computation of an income tax liability or notional liability is not allowable expenditure for Capital Gains Tax purposes.” See also HMRC’s Property Income Manual at PIM2030. 

I have had to replace the boiler in a house that I am selling, as the old one was condemned. The replacement is like-for-like. Can I offset the cost for capital gains tax (CGT) purposes? 

Arthur Weller replies: ;

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This question was first printed in Property Tax Insider in August 2023.