Part 14Remediation of contaminated land

Chapter 4Special provision for life assurance business

Relief for qualifying Chapter 4 expenditure

1161Relief in respect of I minus E basis: enhanced expenses payable

1

A company is entitled to relief for an accounting period if conditions A, B and C are met.

2

Condition A is that land in the United Kingdom is a management asset of the company.

3

Condition B is that at the time of acquisition of the land by the company all or part of the land is or was in a contaminated state (see section 1145).

4

Condition C is that the company incurs qualifying Chapter 4 expenditure in the accounting period in respect of the land (see section 1162).

5

For the company to obtain the relief it must make a claim.

6

The relief is that the company may treat 150% of the qualifying Chapter 4 expenditure as expenses payable which fall to be brought into account for the accounting period at Step 1 in section 76(7) of ICTA (deduction for expenses payable).

7

For the purposes of this section land is a management asset of a company if it is—

a

an asset provided for use or used for the management of life assurance business carried on by the company, or

b

an asset in respect of which expenditure is being incurred with a view to such use by the company.

1162Meaning of “qualifying Chapter 4 expenditure”

For the purposes of this Chapter a company's “qualifying Chapter 4 expenditure” in an accounting period means—

a

its qualifying land remediation expenditure in the period, less

b

the amount (if any) which as a result of paragraph (a) of Step 1 in section 76(7) of ICTA is not to be brought into account at that step as expenses payable for the period.

1163No relief if company responsible for contamination

A company is not entitled to relief under section 1161 in respect of expenditure on land all or part of which is in a contaminated state if the land is in that state wholly or partly as a result of any thing done, or omitted to be done, at any time by—

a

the company, or

b

a person with a relevant connection to the company (see section 1178).