Section 89 | Waste disposal: entitlement of successor to allowances.

In Chapter V of Part IV of the Taxes Act 1988 (provisions relating to the Schedule D charge: deductions), after section 91B (waste disposal: site preparation), insert—.

91BAWaste disposal: entitlement of successor to allowances.

(1)This section applies where—

(a)site preparation expenditure has been incurred in relation to a waste disposal site,

(b)that expenditure was incurred by a person in the course of carrying on a trade, and

(c)on or after 21st March 2000—

(i)that person (“the predecessor”) ceases to carry on that trade, or ceases to carry it on so far as it relates to that site, and

(ii)another person (“the successor”) begins to carry on that trade, or to carry on in the course of a trade the activities formerly carried on by the predecessor in relation to that site.

(2)If the conditions specified in the following provisions of this section are met, then, for the purposes of section 91B above—

(a)the trade carried on by the successor shall be treated as the same trade as that carried on by the predecessor, and

(b)allowances shall be made to the successor (and not to the predecessor) as if everything done to or by the predecessor had been done to or by the successor.

(3)The first condition is that the whole of the site in question is transferred to the successor.Provided the successor holds an estate or interest in the whole of the site, it need not be the same as that held by the predecessor.

(4)The second condition is that the successor, at the time he first deposits waste material at the site, holds a relevant licence in respect of the site which is then in force.

(5)Expressions used in this section have the same meaning as in section 91B.