Income Tax (Earnings and Pensions) Act 2003

714 Meaning of “donations” U.K.

(1) For the purposes of this Part “donations” means sums which—

(a) are withheld by the payer under a scheme which is an approved scheme at the time of the withholding,

(b) constitute gifts by the individual to one or more specified charities under the scheme, and

(c) satisfy the conditions (if any) set out in the scheme.

(2) In this section—

• “approved scheme” means a scheme which is approved (or is of a kind approved) by [F1 an officer of Revenue and Customs] and under which—

  (a)

  the payer is required to pay sums withheld to a body which is an approved agent at the time of the withholding, and

  (b)

  the approved agent is required—

  (i)

  to pay sums withheld to the specified charity or charities, or

  (ii)

  in a case where the agent is itself a specified charity, to retain any sum due to itself;

• “charity” F2 ... includes each of the bodies mentioned in [F3 section 468 of CTA 2010];

• “specified charity” means a charity specified by the individual.

(3) For the purposes of this section a body is an “approved agent” if it is approved by [F1 an officer of Revenue and Customs] for the purpose of paying donations to one or more charities.

Textual Amendments

F1 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F2 Words in s. 714(2) omitted (coming into force for the tax year 2012-13 and subsequent tax years) by virtue of Finance Act 2010 (c. 13), Sch. 6 paras. 17(7), 34(2); S.I. 2012/736, art. 13

F3 Words in s. 714(2) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 394 (with Sch. 2)