Finance Act 1998

48 Gifts of money for relief in poor countries. U.K.

(1) This section applies to any gift of a sum of money by an individual to a charity that has given the required notification to the Board if that gift is made—

(a) in the period beginning with [F1 31st July 1998] and ending with 31st December 2000; and

(b) in circumstances giving rise to a reasonable expectation that the sum given will be applied for, or in connection with, [F2 one or more] of the purposes specified in subsection (2) below.

(2) Those purposes are—

(a) the relief of poverty in any one or more [F3 countries or territories designated for the purposes of this paragraph,], F4 . . .

(b) the advancement of education in any one or more [F3 countries or territories designated for the purposes of this paragraph,][F5 , and.

(c) the relief of poverty in the case of persons from any country or territory designated for the purposes of this paragraph who are refugees or who have suffered displacement as a result of organised intimidation or oppression or of war or other armed conflict.]

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where—

(a) a relevant gift of less than £100 is made [F7 before 6th April 2000]by an individual to a charity that has given the required notification to the Board,

(b) the aggregate of that gift and any one or more subsequent relevant gifts made by that individual to that charity is £100 or more,

[F8 (bb) the subsequent gift, or at least one of the subsequent gifts, is made on or after 6th April 2000;]

(c) that individual gives an [F9 appropriate declaration]in relation to that aggregate to that charity, and

(d) the condition specified in paragraph (e) of subsection (2) of section 25 of the M1 Finance Act 1990 (limit on benefit for the donor) would be satisfied if the aggregated gifts constituted a single gift by that individual to that charity made at the time of the making of the last of them to be made,

the aggregated gifts shall be treated for the purposes of that section [F10 (but subject to subsection (4A) below)] as if they together constituted a single qualifying donation made by that individual to that charity at that time.

[F11 (4A) Subsection (10) of section 25 of the M2 Finance Act 1990 (receipts of gifts by a charity to be treated as payments of grossed-up amounts after deduction of basic rate income tax) shall have effect where—

(a) any aggregated gifts are treated under this section as a single qualifying donation made to a charity, and

(b) the aggregated gifts include gifts made in different years of assessment,

as if that single qualifying donation had been received by the charity in the year of assessment in which the first of the aggregated gifts was made and as if that were the relevant year of assessment for the purposes of that subsection.]

(5) The gifts aggregated for the purposes of subsection (4) above must not include either—

(a) a relevant gift of £250 or more; or

(b) more than one relevant gift of £100 or more.

F6 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section—

• F12 . . .

  • [F13 “relevant gift” means a gift to which this section applies—

    (a)

    which satisfies the requirements of subsection (2) of section 25 of the M3 Finance Act 1990 (as amended by section 39 of the Finance Act 2000); or

    (b)

    which would satisfy those requirements if paragraph (e) of that subsection were disregarded.]

• “required notification”, in relation to a charity, means a notification (including one given before the passing of this Act) which—

  (i)

  is in such form, and contains such information, as may have been required by the Board, and

  (ii)

  contains a statement to the effect that the charity proposes to accept gifts to which this section applies.

(9) A country or territory is a designated country or territory for the purposes of [F14 paragraph (a), (b) or (c) of subsection (2) above] if—

(a) it is designated as such by an order made for those purposes by the Treasury; or

(b) it is of a description specified in an order so made;

and a description specified in such an order may be expressed by reference to the opinion of any person so specified or by reference to the contents from time to time of a document prepared by a person so specified.

(10) Expressions used in this section and in section 25 of the M4 Finance Act 1990 have the same meanings in this section as in that section.

Textual Amendments

F1 Words in s. 48(1)(a) substituted (27.7.1999 with effect in relation to gifts made on or after 6.4.1999) by 1999 c. 16, s. 56(2)(a)(7)

F2 Words in s. 48(1)(b) substituted (27.7.1999 with effect in relation to gifts made on or after 6.4.1999) by 1999 c. 16, s. 56(2)(b)(7)

F3 Words in s. 48(2)(a)(b) substituted (27.7.1999 with effect in relation to gifts made on or after 6.4.1999) by 1999 c. 16, s. 56(3)(a)(7)

F4 Word in s. 48(2)(a) repealed (27.7.1999 with effect in relation to gifts made on or after 6.4.1999) by 1999 c. 16, s. 139, Sch. 20 Pt. III(13), Note

F5 S. 48(2)(c) and word “and" immediately preceding it inserted (27.7.1999 with effect in relation to gifts made on or after 6.4.1999) by 1999 c. 16, s. 56(3)(b)(7)(8)

F6 S. 48(3)(6)(7) repealed (28.7.2000) by 2000 c. 17, s. 42(1), 156, Sch. 40 Pt. II(1)

F7 Words in s. 48(4)(a) inserted (28.7.2000) by 2000 c. 17, s. 42(2)(a)

F8 S. 48(4)(bb) inserted (28.7.2000) by 2000 c. 17, s. 42(2)(b)

F9 Words in s. 48(4)(c) substituted (28.7.2000) by 2000 c. 17, s. 42(2)(c)

F10 Words in s. 48(4) inserted (retrospective to 31.7.1998) by 1999 c. 16, s. 57(1)(2)

F11 S. 48(4A) inserted (retrospective to 31.7.1998) by 1999 c. 16, s. 57(1)(3)

F12 Definition of “the first designation date" in s. 48(8) repealed (27.7.1999 with effect in relation to gifts made on or after 6.4.1999) by 1999 c. 16, s. 139, Sch. 20 Pt. III(13), Note

F13 S. 48(8): definition of “relevant gift" substituted (28.7.2000) by 2000 c. 17, s. 42(3)

F14 Words in s. 48(9) substituted (27.7.1999 with effect in relation to gifts made on or after 6.4.1999) by 1999 c. 16, s. 56(4)(7)

Marginal Citations

M1 1990 c. 29.

M2 1990 c.29.

M3 1990 c. 29.

M4 1990 c. 29.