Textual Amendments
F1S. 1244A and cross-heading inserted (with effect in accordance with Sch. 5 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 5 para. 6
(1)This section applies if a company with investment business (“the contributor”) incurs expenses in making a qualifying contribution to a qualifying flood or coastal erosion risk management project.
(2)The expenses are treated for the purposes of Chapter 2 as expenses of management.
(3)But if, in connection with the making of the contribution, the contributor or a connected person—
(a)receives a disqualifying benefit, or
(b)is entitled to receive such a benefit,
no deduction is allowed under section 1219.
(4)For the purposes of subsection (3) it does not matter whether a person receives, or is entitled to receive, the benefit—
(a)from the carrying out of the project, or
(b)from any person.
(5)In this section “disqualifying benefit” means a benefit consisting of money or other property, but it does not include—
(a)a refund of the contribution, if the contribution is a sum of money;
(b)compensation for the contribution, if the contribution is the provision of services;
(c)a structure that—
(i)is or is to be used for the purposes of flood or coastal erosion risk management, and
(ii)is put in place in carrying out the project;
(d)an addition to a structure where—
(i)the structure is or is to be used for the purposes of flood or coastal erosion risk management, and
(ii)the addition is made in carrying out the project;
(e)land, plant or machinery that is or is to be used, in the realization of the project, for the purposes of flood or coastal erosion risk management;
(f)a right over land that is or is to be used, in the realization of the project, for the purposes of flood or coastal erosion risk management.
(6)In subsection (5) “structure” includes road, path, pipe, earthwork, plant and machinery.
(7)Section 86B applies for the purposes of this section as it applies for the purposes of section 86A.]