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BOO meaning

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What does BOO mean?
Build, Own, Operate (BOO) describes a project delivery and financing model in which a private entity designs and constructs an asset, retains legal and beneficial ownership for its life, and operates it to earn revenue (often under a long-term power purchase agreement, capacity contract or user-charge regime). Unlike BOOT or DBFO/DBFM models, there is no contractual transfer of the asset back to the public sector at expiry. The term is not defined in legislation or case law; it is a descriptive market expression used across UK and Irish project finance and infrastructure procurement, particularly for independent power projects and industrial facilities. Key legal features include: allocation of construction and performance risk to the project company and its EPC/O&M contractors; limited-recourse project finance with security over the asset and key contracts; licensing and permitting; land and access rights; robust offtake and revenue arrangements; regulatory compliance (for example, electricity generation licensing and market rules); and decommissioning and environmental liabilities. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. Notably, Rosatom is developing the Akkuyu nuclear power plant in Turkey under a BOO structure.
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NEWS
UKUT upholds EIS ‘disqualifying arrangements’ under ITA 2007 s 178A: PSA counterparty is party; payments satisfy Condition A (Hoopla Animation Ltd v HMRC)

Hoopla Animation Ltd (formerly known as Daisy Boo and Monkey Too Ltd) v HMRC [2025] UKUT 28 (TCC) The taxpayer company was a special purpose vehicle incorporated to commercialise intellectual property in a pre-school animation concept. It formed part of a wider group through which third party investors placed capital into special purpose vehicles. The plan was that those third party injections would qualify for the Seed Enterprise Investment Scheme (SEIS) and the Enterprise Investments Scheme (EIS), respectively. Investment was made by third party investors into such special purpose vehicles through the group, and the structure was intended to secure those outcomes. As part of the arrangements, the company entered into a production services agreement (PSA) with another group company, under which that company would provide all aspects of production and delivery of episodes of the animation, in return for payment. Although the tribunal allowed the company’s appeals on the EIS trading requirement and the risk-to-capital condition, the FTT concluded there were disqualifying arrangements within ITA 2007, s 178A,...

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