Corporation Tax Act 2009 section 146

Cemeteries and crematoria: introduction

Section 146 introduces the special tax rules that apply when calculating the trading profits of companies operating cemeteries or crematoria with memorial gardens.

• These rules apply to trades that involve carrying on a cemetery, or carrying on a crematorium together with maintaining memorial garden plots
• Capital expenditure on cemetery or memorial garden land and buildings would normally receive no tax relief, but these provisions recognise that such assets typically have little or no value once the cemetery or memorial garden is full
• "Ancillary capital expenditure" covers spending on non-dwelling buildings, structures, and unsuitable land within the cemetery or memorial garden that will have little or no value when full, including expenditure incurred by any previous owner of the trade
• The sale of land in a cemetery includes selling a right of interment, and the sale of land in a memorial garden includes appropriating part of a memorial garden in return for a dedication fee or similar payment