83A Gifts in kind to charities etc.U.K.
(1)This section applies where [F1a company carrying on a trade or profession] gives an article falling within subsection (2) below to—
(a)a charity within the meaning of section 506, or
(b)a body listed in section 507(1).
(2)An article falls within this subsection if—
(a)it is an article manufactured, or of a class or description sold, by [F2the company in the course of its trade]; F3. . .
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Subject to subsection (4) below, where this section applies in the case of the gift of an article—
(a)no amount shall be required, in consequence of the [F4the company's] disposal of that article from trading stock, to be brought into account for [F5corporation tax purposes] as a trading receipt of [F6the company]; F3. . .
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In any case where—
(a)relief is given under subsection (3) above [F7or section 63(2) of the Capital Allowances Act] in respect of the gift of an article [F8made by a company], and
(b)any benefit received in any [F9accounting period] by [F10the company or any person connected with the company] is in any way attributable to the making of that gift,
[F11the company shall] in respect of that [F9accounting period] be charged to [F12corporation] tax under Case I or Case II of Schedule D or, if [F13the company] is not chargeable to [F12corporation] tax under either of those Cases for that period, under Case VI of Schedule D on an amount equal to the value of that benefit.
(5)Section 839 applies for the purposes of this section.
Textual Amendments
F1Words in s. 83A(1) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(2) (with Sch. 2)
F2Words in s. 83A(2) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(3) (with Sch. 2)
F3S. 83A(2)(b)(3)(b) and preceding words repealed (with effect in accordance with s. 579 of the repealing Act) by Capital Allowances Act 2001 (c. 2), Sch. 2 para. 16(1)(2), Sch. 4
F4Words in s. 83A(3) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(4)(a) (with Sch. 2)
F5Words in s. 83A(3) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(4)(b) (with Sch. 2)
F6Words in s. 83A(3) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(4)(c) (with Sch. 2)
F7Words in s. 83A(4)(a) inserted (with effect in accordance with s. 579 of the amending Act) by Capital Allowances Act 2001 (c. 2), Sch. 2 para. 16(3)
F8Words in s. 83A(4) inserted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(5)(a) (with Sch. 2)
F9Words in s. 83A(4) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(5)(b) (with Sch. 2)
F10Words in s. 83A(4) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(5)(c) (with Sch. 2)
F11Words in s. 83A(4) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(5)(d) (with Sch. 2)
F12Words in s. 83A(4) inserted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(5)(e) (with Sch. 2)
F13Words in s. 83A(4) substituted (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), Sch. 1 para. 57(5)(f) (with Sch. 2)
Modifications etc. (not altering text)
C1S. 83A modified (with effect in accordance with s. 58(4) of the modifying Act) by Finance Act 2002 (c. 23), Sch. 18 para. 9(3)(a)