Corporation Tax Act 2009 section 1150

No relief if company responsible for contamination or dereliction or polluter has interest

Section 1150 denies contaminated land tax relief where the company claiming relief caused the contamination or dereliction, or where the polluter retains an interest in the land.

• A company cannot claim relief if it, or a person with a relevant connection to it, caused or contributed to the contamination or dereliction of the land through any act or omission
• Relief is also denied where an unconnected third party caused the contamination or dereliction, but that third party (or someone connected with them) holds a relevant interest in the land
• A relevant interest includes any ownership interest, right over the land, licence to occupy, or an option to acquire any such interest, right, or licence
• A relevant interest also arises where a person has sold an estate or interest in the land at a price that reflects, in whole or in part, the expected uplift in value from the remediation work