Section 1163 — Corporation Tax Act 2009: No relief if company responsible for contamination or dereliction or polluter has interest

No relief if company responsible for contamination or dereliction or polluter has interest 1163 1 A company is not entitled to relief under section 1161 or 1162 in respect of expenditure on land all or part of which is in a contaminated or derelict state if the land is in a contaminated or derelict 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).

2 A company is not entitled to relief under this Chapter in respect of expenditure on land all or part of which is in a contaminated or derelict state if—

a the land is in that state wholly or partly as a result of any thing done, or omitted to be done, by a person not within subsection (1),

and b that person, or a person connected with that person, has a relevant interest in the land.

3 For the purposes of subsection (2) a person has a relevant interest in land if—

a the person holds any interest in, right over or licence to occupy the land (including an option to acquire any such interest, right or licence in any circumstances), or b has disposed of any estate or interest in the land for a consideration that to any extent reflects the impact, or likely impact, on the value of the land of the remediation of its contamination or dereliction.