Income and Corporation Taxes Act 1988

[F1 86A Charitable donations: contributions to agent’s expenses. U.K.

(1) This section applies where—

(a) [F2 a company] (the employer) is liable to make to any individual payments from which income tax falls to be deducted [F3 under PAYE regulations], and

(b) the employer withholds sums from those payments in accordance with [F4 an approved scheme and pays the sums to an approved agent].

[F5 (1A) In subsection (1)(b) “approved scheme” and “approved agent” have the same meaning as in section 714 of ITEPA 2003.]

(2) Any relevant expenditure incurred by the employer on or after 16th March 1993—

(a) shall be deducted in computing for the purposes of Schedule D the [F6 profits] of a trade [F7 or profession] carried on by the employer, or

[F8 (b) if the employer is a company with investment business, shall be treated as expenses of management deductible under section 75.]

(3) Relevant expenditure is expenditure incurred in making to the agent any payment in respect of expenses which have been or are to be incurred by the agent in connection with his functions under the scheme.]

Textual Amendments

F1 S. 86A inserted (27.7.1993) by 1993 c. 34, s.69

F2 Words in s. 86A(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. 61(a) (with Sch. 2)

F3 Words in s. 86A(1)(a) substituted (6.4.2003 with effect in accordance with s. 723(1) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 13(2) (with Sch. 7)

F4 Words in s. 86A(1)(b) substituted (6.4.2003 with effect in accordance with s. 723(1) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 13(3) (with Sch. 7)

F5 S. 86A(1A) inserted (6.4.2003 with effect in accordance with s. 723(1) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 13(4) (with Sch. 7)

F6 Words in s. 86A(2)(a) substituted (31.7.1998) by Finance Act 1998 (c. 36), s. 46(3)(a)(b), Sch. 7 para. 1

F7 Words in s. 86A(2)(a) 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. 61(b) (with Sch. 2)

F8 S. 86A(2)(b) substituted (28.9.2004 with effect in accordance with art. 1(2) of the amending S.I.) by The Finance Act 2004, Sections 38 to 40 and 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004 (S.I. 2004/2310), art. 1(2), Sch. para. 8(2)