CA38200 - IBA: Highway undertakings: How IBA conditions are satisfied

A person carrying on a highway undertaking is treated as carrying it on by way of trade and as occupying any road on which it is carried on. If the person who builds a road was not entitled to an interest in it when the construction expenditure was incurred but was entitled to a highway concession, the highway concession is the relevant interest. This means that a person who is entitled to a highway concession and builds a road can claim IBA on the construction expenditure.