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09 September 2013
Dean & Reddyhoff Ltd (TC2767)
The taxpayer company built a marina in Dorset and incurred capital expenditure of £8m in respect of sea defences:
- construction of a stone sea wall built entirely on the seabed;
- additional sea wall built partly on the foreshore and partly on the dry land area of the marina;
- 1.2 metre-high plinth to provide protection from flooding risk; and
- surface water drainage network.
The business claimed relief under FA 2001 sch 22 “remediation of contaminated land” on the basis seawater on the foreshore could harm the land part of the marina through waves tidal surge or flood.
HMRC refused the claim saying the land was not in a contaminated state for the purposes of the relief.
The taxpayer appealed.
The First-tier Tribunal said schedule 22 was widely drawn defining land...
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