Income Tax (Trading and Other Income) Act 2005

628 Exception for gifts to charities U.K.

(1) The rule in section 624(1) does not apply to any qualifying income which arises under a [F1 UK settlement] if—

(a) it is given by the trustees to a charity in the tax year in which it arises, or

(b) it is income to which a charity is entitled under the terms of the trust.

(2) In this section “qualifying income” means—

(a) income which [F2 must] be accumulated,

(b) income which is payable at the discretion of the trustees or any other person F3 . . .

(c) income which (before being distributed) is income of any person other than the trustees.

[F4 (2A) The cases covered by subsection (2)(b) include cases where the trustees have, or any other person has, any discretion over one or more of the following matters—

(a) whether, or the extent to which, the income is to be accumulated,

(b) the persons to whom the income is to be paid, and

(c) how much of the income is to be paid to any person.]

(3) Subsection (4) applies if in any tax year qualifying income which arises under a [F1 UK settlement] from different sources exceeds the total of—

(a) the amount of that income which falls within subsection (1), and

(b) the amount of that income which falls within section 630(1) (comparable exception for income of [F5 relevant] children of settlor).

(4) The amount of the qualifying income from different sources which falls within subsection (1) above is rateably apportioned between those sources.

(5) This does not affect the operation of any requirement that the whole, or any specified part, of the income from a particular source is to be given to a charity.

(6) In this section—

• “charity” includes

  (a)

  [F6 the Trustees of the National Heritage Memorial Fund, [F7 and]

  (b)

  the Historic Buildings and Monuments Commission for EnglandF8 ...

  (c)

  F8 ...]

• F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F10 “UK settlement” means a settlement the trustees of which are resident F11 ... in the United Kingdom.]

Textual Amendments

F1 Words in s. 628 substituted (retrospective to 6.4.2006) by Finance Act 2006 (c. 25), Sch. 13 para. 33(1)(5)

F2 Words in s. 628(2)(a) substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 555(2)(a) (with transitional provisions and savings in Sch. 2)

F3 Words in s. 628(2)(b) repealed (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034, Sch. 1 para. 555(2)(b), Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

F4 S. 628(2A) inserted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034, Sch. 1 para. 555(3) (with transitional provisions and savings in Sch. 2)

F5 Word in s. 628(3)(b) substituted (5.12.2005) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1, 191

F6 S. 628(6): words in definition of 'charity' substituted (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1034 {Sch. 1 para. 555(4)(a)} (with transitional provisions and savings in Sch. 2)

F7 Word in s. 628(6) inserted (1.4.2012) by The Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012 (S.I. 2012/964), arts. 1(2), 3(1), Sch.

F8 Words in s. 628(6) omitted (1.4.2012) by virtue of The Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012 (S.I. 2012/964), arts. 1(2), 3(1), Sch.

F9 S. 628(6): definition of 'resident' and subsequent word repealed (6.4.2007 with effect as stated in s. 1034(1) of the amending Act) by Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034, Sch. 1 para. 555(4)(b), Sch. 3 Pt. 1 (with transitional provisions and savings in Sch. 2)

F10 Words in s. 628(6) substituted (retrospective to 6.4.2006) by Finance Act 2006 (c. 25), Sch. 13 para. 33(2)(5)

F11 Words in s. 628(6) omitted (6.4.2015) by virtue of The Income Tax (Removal of Ordinary Residence) Order 2014 (S.I. 2014/3062), arts. 1(1), 2