44 Gifts to charity from certain trusts.U.K.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where in any year of assessment qualifying income arising under a [F2trust the trustees of which are resident in the United Kingdom (a “UK trust”)] exceeds the amount of that income falling within [F3section 628(1) or 630(1) of ITTOIA 2005], any management expenses for that year shall be rateably apportioned between—
(a)so much of that income as is equal to that amount; and
(b)so much of that income as exceeds that amount.
[F4(5)In this section—
“qualifying income” has the same meaning as in section 628 of ITTOIA 2005; and
“resident”, in relation to the trustees of a trust, shall be construed in accordance with section 110 of the Finance Act 1989.]
(6)This section has effect in relation to qualifying income arising to a UK trust on or after 6th April 2000.
Textual Amendments
F1S. 44(1)-(3) repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 512(2), Sch. 3 (with Sch. 2)
F2Words in s. 44(4) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 512(3)(a) (with Sch. 2)
F3Words in s. 44(4) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 512(3)(b) (with Sch. 2)
F4S. 44(5) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 512(4) (with Sch. 2)