170Deduction for capital expenditureU.K.
(1)This section applies if, in the relevant period, an interest in land in the cemetery or memorial garden is sold with a view to the land being used—
(a)for the purpose of interments, or
(b)for memorial garden plots.
(2)A deduction is allowed for—
(a)capital expenditure incurred by the trader, or a predecessor, on the purchase of an interest in the land or on the preparation of the land, and
(b)ancillary capital expenditure allocated to the relevant period under section 171 (allocation of ancillary capital expenditure).
(3)But no expenditure is to be brought into account—
(a)under both paragraphs (a) and (b) of subsection (2), or
(b)under both subsection (2)(a) above and [F1section 147(2)(b) of CTA 2009] (relief for corporation tax purposes) or under both subsection (2)(b) above and [F1section 147(2)(a) of CTA 2009],
whether for the same or different periods of account.
(4)Any purchase price paid on a sale in connection with a change in the persons carrying on the trade is ignored in calculating the amount of the deduction.
(5)No deduction is allowed for any expenditure which is excluded by section 172 (exclusion of expenditure met by subsidies).
Textual Amendments
F1Words in s. 170(3)(b) substituted (with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), s. 1329(1), Sch. 1 para. 603 (with Sch. 2 Pts. 1, 2)