Income and Corporation Taxes Act 1988

[F1 91A Waste disposal: restoration payments. U.K.

(1) This section applies where on or after 6th April 1989 a [F2 company] makes a site restoration payment in the course of carrying on a trade.

(2) Subject to subsection (3) below, for the purposes of F3 . . . corporation tax the payment shall be allowed as a deduction in computing the [F4 profits] of the trade for the period of account in which the payment is made.

(3) Subsection (2) above shall not apply to so much of the payment as—

(a) represents expenditure which has been allowed as a deduction in computing the [F4 profits] of the trade for any period of account preceding the period of account in which the payment is made, or

(b) represents capital expenditure in respect of which an allowance has been, or may be, made under the enactments relating to capital allowances.

(4) For the purposes of this section a site restoration payment is a payment made—

(a) in connection with the restoration of a site or part of a site, and

(b) in order to comply with any condition of a relevant licence, or any condition imposed on the grant of planning permission to use the site for the carrying out of waste disposal activities, or [F5 any relevant obligation].

(5) For the purposes of this section waste disposal activities are the collection, treatment, conversion and final depositing of waste materials, or any of those activities.

(6) For the purposes of this section a relevant icence is—

(a) a disposal licence under Part I of the M1 Control of Pollution Act 1974 or Part II of the M2 Pollution Control and Local Government (Northern Ireland) Order 1978, or

(b) a waste management licence under Part II of the Environmental Protection Act 1990 or any corresponding provision for the time being in force in Northern Ireland, [F6 or

[F7 (ba) a permit under regulations under section 2 of the Pollution Prevention and Control Act 1999, [F8 or a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002,] or]

[F9 (ba) a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999, [F8 or a permit under regulations under Article 4 of the Environment (Northern Ireland) Order 2002,] or]

(c) any authorisation under the M3 Radioactive Substances Act 1960 or the M4 Radioactive Substances Act 1993 for the disposal of radioactive waste or any nuclear site licence under the M5 Nuclear Installations Act 1965.]

[F10 (7) For the purposes of this section a relevant obligation is—

(a) an obligation arising under an agreement made under—

(i) section 106 of the M6 Town and Country Planning Act 1990, as originally enacted;

(ii) [F11 section 75 of the Town and Country Planning (Scotland) Act 1997];

(b) a planning obligation entered into under section 106 of the Act of 1990, as substituted by section 12 of the M7 Planning and Compensation Act 1991, or under section 299A of the Act of 1990;

(c) an obligation arising under or under an agreement made under any provision—

(i) corresponding to section 106 of the M6 Town and Country Planning Act 1990, as originally enacted or as substituted by the Act of 1991 or to section 299A of the Act of 1990; and

(ii) for the time being in force in Northern Ireland.]

(8) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Ss. 91A, 91B inserted by Finance Act 1990 (c. 29), s. 78.

F2 Word in s. 91A(1) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 68(a) (with Sch. 2)

F3 Words in s. 91A(2) repealed (6.4.2005 with effect in accordance with s. 883(1) of the repealing Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 68(b), Sch. 3 (with Sch. 2)

F4 Words in s. 91A(2)(3)(a) substituted (31.7.1998) by Finance Act 1998 (c. 36), s. 46(3)(a)(b), Sch. 7 para. 1

F5 Words in s. 91A(4)(b) substituted (25.10.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1, 2), s. 83(a); S.I. 1991/2272, art. 3(2)

F6 S. 91A(6)(c) and the word “or” immediately preceding it inserted (27.7.1993 with effect in relation to any case where the trade in question is begun after 31.3.1993) by 1993 c. 34, s. 110(1)(3)

F7 S. 91A(6)(ba) inserted (E.W.) (1.8.2000) by The Pollution Prevention and Control (England and Wales) Regulations 2000 (S.I. 2000/1973), Sch. 10 para. 1 (with reg. 5)

F8 Words in s. 91A(6)(ba) inserted (31.3.2003) by The Pollution Prevention and Control Regulations (Northern Ireland) 2003 (S.R. 2003/46), reg. 1, Sch. 11 para. 3

F9 S. 91A(6)(ba) inserted (S.) (28.9.2000) by The Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323), Sch. 10 para. 2 (with reg. 34)

F10 S. 91A(7) substituted (25.10.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1, 2), s. 83(b); S.I. 1991/2272, art. 3(2)

F11 Words in s. 91A(7) substituted (S.) (27.5.1997) by Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), s. 6(2), Sch. 2 para. 41

F12 S. 91A(8) repealed (24.7.2002) by Finance Act 2002 (c. 23), Sch. 40 Pt. 3(16)

Marginal Citations

M1 1974 c. 40.

M2 S.I. 1978/1049 (N.I.19).

M3 1960 c. 34.

M4 1993 c. 12.

M5 1965 c. 57.

M6 1990 c. 8.

M7 1991 c. 34.