Finance Act 2003

180Contributions to urban regeneration companiesU.K.

(1)After section 79A of the Taxes Act 1988 (contributions to training and enterprise councils and local enterprise companies) insert—

“79BContributions to urban regeneration companies

(1)Notwithstanding anything in section 74, but subject to the provisions of this section, where a person carrying on a trade, profession or vocation makes any contribution (whether in cash or in kind) to a designated urban regeneration company, any expenditure incurred by him in making the contribution may be deducted as an expense in computing the profits of the trade, profession or vocation if it would not otherwise be so deductible.

(2)Where any such contribution is made by an investment company, any expenditure allowable as a deduction under subsection (1) above shall for the purposes of section 75 be treated as expenses of management.

(3)Subsection (1) above does not apply in relation to a contribution made by any person if either he or any person connected with him receives or is entitled to receive a benefit of any kind whatsoever for or in connection with the making of that contribution, whether from the urban regeneration company concerned or from any other person.

(4)In any case where—

(a)relief has been given under subsection (1) above in respect of a contribution, and

(b)any benefit received in any chargeable period by the contributor or any person connected with him is in any way attributable to that contribution,

the contributor shall in respect of that chargeable period be charged to tax under Case I or Case II of Schedule D or, if he is not chargeable to tax under either of those Cases for that period, under Case VI of Schedule D on an amount equal to the value of that benefit.

(5)In this section “urban regeneration company” means any body of persons (whether corporate or unincorporate) which the Treasury by order designates as an urban regeneration company for the purposes of this section.

(6)The Treasury may only make an order under subsection (5) above designating a body as an urban regeneration company for the purposes of this section if they consider that each of the criteria in subsection (7) below is satisfied in the case of the body.

(7)The criteria are that—

(a)the sole or main function of the body is to co-ordinate the regeneration of a specific urban area in the United Kingdom;

(b)the body is expected to seek to perform that function by creating a plan for the development of that area and endeavouring to secure that the plan is carried into effect;

(c)in co-ordinating the regeneration of that area, the body is expected to work together with some or all of the public or local authorities which exercise functions in relation to the whole or part of that area.

(8)An order under subsection (5) above may be framed so as to take effect on a date earlier than the making of the order, but not earlier than—

(a)1st April 2003, in the case of the first order under that subsection, or

(b)three months before the date on which the order is made, in the case of any subsequent order.

(9)Section 839 (connected persons) applies for the purposes of this section.

(10)This section applies to contributions made on or after 1st April 2003.”.

(2)In section 828(4) of the Taxes Act 1988 (orders or regulations under specified provisions not to be subject to Commons negative resolution parliamentary procedure) after “section 1(6),” insert “ 79B(5), ”.