Part 14Remediation of contaminated F1or derelict land

Annotations:
Amendments (Textual)
F1

Words in Pt. 14 heading inserted (with effect in accordance with Sch. 7 paras. 27, 28 of the amending Act) by Finance Act 2009 (c. 10), Sch. 7 para. 2

Chapter 4Special provision for life assurance business

Relief F3...

Annotations:
Amendments (Textual)
F3

Words in Pt. 14 Ch. 4 cross-heading omitted (with effect in accordance with Sch. 7 paras. 27, 28 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 7 para. 12(8)

1161Relief in respect of I minus E basis: F2... 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 F5a major interest in land in the United Kingdom is a management asset of the company.

F43

Condition B is that—

a

in the case of land in a contaminated state, the land was in a contaminated state at the time of the acquisition by the company of a major interest in the land, and

b

in the case of land in a derelict state, the land was in a derelict state throughout the period beginning with the earlier of—

i

1 April 1998, and

ii

the date on which a major interest in the land was first acquired by the company or a person who was connected with the company.

3A

The Treasury may by order—

a

specify circumstances in which the condition in paragraph (a) of subsection (3) need not be met, or

b

replace the date for the time being specified in paragraph (b)(i) of that subsection with a later date.

3B

An order under subsection (3A) may contain incidental, supplemental, consequential and transitional provision and savings.

4

Condition C is that the company incurs qualifying F6land remediation expenditure in the accounting period in respect of the land F7....

F85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

The relief is that the company may treat F9... 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.