Modifications etc. (not altering text)

C1 S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7

Part 11 U.K. Contributions

Chapter 1 U.K. Exclusion of expenditure met by contributions

Exceptions to the general rule excluding contributions U.K.

536 Contributions not made by public bodies and not eligible for tax relief U.K.

(1) A person (“R”) is to be regarded as having incurred expenditure (despite section 532(1)) to the extent that the requirements in subsections (2) and (3) are satisfied in relation to the expenditure.

(2) The first requirement is that the person meeting R’s expenditure (“C”) is not a public body.

(3) The second requirement is that—

(a) no allowance can be made under Chapter 2 in respect of C’s expenditure, and

(b) the expenditure is not allowed to be deducted in calculating the profits of a trade or relevant activity carried on by C.

(4) When determining for the purposes of subsection (3)(a) whether an allowance can be made under Chapter 2, assume that C is within the charge to tax.

(5) In subsection (3)(b) “relevant activity” means—

(a) for the purposes of Part 2—

(i) an ordinary [F1 property] business;

(ii) a furnished holiday lettings business;

(iii) an overseas property business;

(iv) a profession or vocation;

(v) any concern listed in [F2 section 12(4) of ITTOIA 2005 or] section 55(2) of ICTA (mines, transport undertakings etc.);

(vi) the management of an investment company;

(b) for other purposes, a profession or vocation.

Textual Amendments

F1 Word in s. 536(5)(a)(i) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5) , s. 883(1) , Sch. 1 para. 570(a) (with Sch. 2 )

F2 Words in s. 536(5)(a)(v) inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5) , s. 883(1) , Sch. 1 para. 570(b) (with Sch. 2 )