Finance Act 1989

59 Covenanted subscriptions. U.K.

(1) In determining whether a payment made to a charity within subsection (2)below is —

(a) an annual payment for the purposes of the Tax Acts, or

(b) a payment to which section 125(1) of the Taxes Act 1988 applies, or

(c) a covenanted payment to charity within the meaning given by [F1 section 347A(7)]of that Act,

there shall be disregarded any consideration for the payment which is ofa kind described in subsection (3) below.

(2) A charity is within this subsection if its sole or main purpose is—

(a) the preservation of property for the public benefit, or

(b) the conservation of wildlife for the public benefit.

(3) The consideration referred to in subsection (1) above is the right ofadmission—

(a) to view property the preservation of which is the sole or main purpose ofthe charity, or

(b) to observe wildlife the conservation of which is the sole or main purposeof the charity.

(4) In subsection (3) above “right of admission” refers to admission ofthe person making the payment (or of any member of his family who may beadmitted because of the payment) either free of the charges normally payablefor admission by members of the public, or on payment of a reduced charge.

(5) Subsection (1) above shall not apply unless the opportunity to makepayments of the kind in question is available to members of the public.

(6) For the purposes of this section—

(a) “charity” means a body of persons or trust established forcharitable purposes only, and

(b) the bodies mentioned in section 507 shall each be treated as having beenso established.

(7) This section shall apply to payments due on or after 14th March 1989.

Textual Amendments

F1 Words in s. 59(1)(c) substituted (1.5.1995 with effect as mentioned in s. 74(2) of the amending Act) by 1995 c. 4, s. 74(1), Sch. 17 Pt. III para. 24