PART 1Income tax, corporation tax and capital gains tax

CHAPTER 5Miscellaneous

Other provisions

53Site restoration payments

1

In section 168 of ITTOIA 2005 (site restoration payments), at the beginning of subsection (2) insert “ Subject to subsection (3A), ”.

2

For subsection (3) of that section substitute—

3

The deduction is allowed—

a

(if the payment is made, whether directly or indirectly, to a connected person) for the period of account in which that part of the restoration work to which the payment relates is completed, or

b

(in any other case) for the period of account in which the payment is made.

3A

But no deduction is allowed if the payment arises from arrangements—

a

to which the person carrying on the trade is a party, and

b

the main purpose, or one of the main purposes, of which is to obtain a deduction under this section.

3

At the end of that section insert—

7

Arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).

4

In section 145 of CTA 2009 (site restoration payments), at the beginning of subsection (2) insert “ Subject to subsection (3A), ”.

5

For subsection (3) of that section substitute—

3

The deduction is allowed—

a

(if the payment is made, whether directly or indirectly, to a connected person) for the period of account in which that part of the restoration work to which the payment relates is completed, or

b

(in any other case) for the period of account in which the payment is made.

3A

But no deduction is allowed if the payment arises from arrangements—

a

to which the company carrying on the trade is a party, and

b

the main purpose, or one of the main purposes, of which is to obtain a deduction under this section.

6

At the end of that section insert—

7

Arrangements” includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).

7

The amendments made by this section have effect in relation to any site restoration payment made on or after 21 March 2012, other than a payment made pursuant to an unconditional obligation in a contract made before 21 March 2012.

8

An unconditional obligation is an obligation which may not be varied or extinguished by the exercise of a right (whether or not under the contract).