(1)M1Subject to subsection (2) below, in any case where the person entitled to possession of any land (“the person chargeable”)—
(a)is in the practice of granting sporting rights over the land for payment, but
(b)in any year of assessment, such rights are for any reason not granted by him,
the aggregate of any amounts paid by him which, if such rights had been granted in that year (the “relevant year”), would have been deductible under section 28 from payments receivable by him in respect of the grant shall be treated for the purposes of section 25(7) as a deduction which, by virtue of section 25(3), might have been made by him from rent to which he was entitled for that year under a lease of the land, being a lease at a full rent.
(2)M2If in the relevant year sporting rights over the land are exercised—
(a)by the person chargeable, or
(b)by any other person at his invitation, or
(c)where the person chargeable is a close company, by a person who is, within the meaning of Part XI, a director of, or a participator in, that company,
the aggregate referred to in subsection (1) above shall be treated as reduced by an amount equal to the price which might reasonably be expected to have been paid for that exercise of the rights if the person exercising them had had to give full consideration therefor.
(3)M3For the purposes of subsection (2) above, an exercise of sporting rights shall be disregarded if it gives rise to a charge to tax under Schedule E by virtue of section 154.
(4)Where the person chargeable is a company, section 9(1) shall not have effect so as to require references in that subsection to a year of assessment to be read as references to an accounting period, but any deduction thereby authorised shall be apportioned between the accounting periods (if more than one) comprising the year of assessment.
(5)In this section, “sporting rights” means rights of fowling, shooting or fishing, or of taking or killing game, deer or rabbits.