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 6Supplementary

1175F2Connected sub-contractors

1

This section applies if—

a

a company makes a sub-contractor payment,

b

the company and the sub-contractor are connected, and

c

in accordance with generally accepted accounting practice, the whole of the sub-contractor payment and all of the sub-contractor's relevant expenditure have been brought into account in determining the sub-contractor's profit or loss for a relevant period.

F51A

In this section, a “sub-contractor payment” means a payment made by the company to the sub-contractor in respect of relevant land remediation contracted out by the company to the sub-contractor.

2

The amount of the sub-contractor payment which is “qualifying expenditure on F4connected sub-contracted land remediation” for the purposes of section 1144(5) is—

a

the entire payment, or

b

if less, an amount equal to the sub-contractor's relevant expenditure.

3

Relevant expenditure” of the sub-contractor means expenditure that—

a

is incurred by the sub-contractor in carrying on F6or arranging for carrying on, on behalf of the company, the activities to which the sub-contractor payment relates,

b

is not of a capital nature,

c

is F3in respect of staffing costs or materials, and

d

is not subsidised.

4

Relevant period” means a period—

a

for which accounts are drawn up for the sub-contractor, and

b

that ends not more than 12 months after the end of the company's period of account in which the sub-contractor payment is, in accordance with generally accepted accounting practice, brought into account in determining the company's profit or loss.

5

In the following sections, which apply for the purpose of determining whether a sub-contractor's expenditure meets the requirements of subsection (3)(c) and (d)—

a

section 1170 (staffing costs), and

b

section 1177 (subsidised expenditure),

references to a company are to be read as references to the sub-contractor.

6

Any apportionment of expenditure of the company or the sub-contractor necessary for the purposes of this section is to be made on a just and reasonable basis.