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Corporation Tax Act 2010

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Changes over time for: Section 192

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Version Superseded: 17/07/2014

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Point in time view as at 31/01/2013. This version of this provision has been superseded. Help about Status

Changes to legislation:

Corporation Tax Act 2010, Section 192 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

192Condition as to repaymentU.K.
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(1)If—

(a)a company makes a payment to a charity (“the charitable payment”),

(b)the charity makes a payment to the company (“the repayment”), and

(c)each of conditions A to D is met,

the charitable payment is not subject to a condition as to repayment.

(2)Condition A is that the company is wholly owned by the charity, or by a number of charities that include the charity.

(3)Condition B is that the charitable payment is of an amount which the company estimates to be the amount necessary to reduce to nil the company's taxable total profits for the accounting period in which the payment is made (“the relevant period”).

(4)Condition C is that the only purpose for which the charity makes the repayment is to adjust the amount of the charitable payment so that it is of the amount actually necessary to reduce to nil the company's taxable total profits for the relevant period.

(5)Condition D is that the repayment is made no later than 12 months after the end of the relevant period.

(6)If subsection (1) applies—

(a)the repayment is not non-charitable expenditure for the purposes of section 493 or 515 of this Act or section 543(1)(f) of ITA 2007, and

(b)paragraphs 56 and 62 (but not 64) of Schedule 18 to FA 1998 (supplementary claims or elections) apply to the repayment.

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