23 Gifts to charities.U.K.
(1)Transfers of value are exempt to the extent that the values transferred by them are attributable to property which is given to charities.
(2)Subsection (1) above shall not apply in relation to property if the testamentary or other disposition by which it is given—
(a)takes effect on the termination after the transfer of value of any interest or period, or
(b)depends on a condition which is not satisfied within twelve months after the transfer, or
(c)is defeasible;
and for this purpose any disposition which has not been defeated at a time twelve months after the transfer of value and is not defeasible after that time shall be treated as not being defeasible (whether or not it was capable of being defeated before that time).
(3)Subsection (1) above shall not apply in relation to property which is an interest in other property if—
(a)that interest is less than the donor’s, or
(b)the property is given for a limited period;
and for this purpose any question whether an interest is less than the donor’s shall be decided as at a time twelve months after the transfer of value.
(4)Subsection (1) above shall not apply in relation to any property if—
(a)the property is land or a building and is given subject to an interest reserved or created by the donor which entitled him, his spouse [F1or civil partner] or a person connected with him to possession of, or to occupy, the whole or any part of the land or building rent-free or at a rent less than might be expected to be obtained in a transaction at arm’s length between persons not connected with each other, or
(b)the property is not land or a building and is given subject to an interest reserved or created by the donor other than—
(i)an interest created by him for full consideration in money or money’s worth, or
(ii)an interest which does not substantially affect the enjoyment of the property by the person or body to whom it is given;
and for this purpose any question whether property is given subject to an interest shall be decided as at a time twelve months after the transfer of value.
(5)Subsection (1) above shall not apply in relation to property if it or any part of it may become applicable for purposes other than charitable purposes or those of a body mentioned in section 24, [F2or 25] below [F3or, where it is land, of a body mentioned in section 24A below].
(6)For the purposes of this section property is given to charities if it becomes the property of charities or is held on trust for charitable purposes only, and “donor” shall be construed accordingly.
Textual Amendments
F1Words in s. 23(4)(a) inserted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 9
F2Words in s. 23(5) substituted (31.7.1998 with effect in relation to any transfer of value made on or after 17.3.1998) by 1998 c. 36, s. 143(2)(a)
F3Finance Act 1989 s. 171(2),in relation to transfers of value made on or after 14March 1989.
Modifications etc. (not altering text)
C1S. 23 modified (24.7.2002 with effect as mentioned in s. 58(4) of the amending Act) by 2002 c. 23, s. 58, Sch. 18 Pt. 3, para. 9(2)