Part 8Other reliefs
Chapter 2Gift aid
Supplementary
427Meaning of “charged amount”
1
For the purposes of this Chapter, an individual's charged amount is the amount calculated as follows.
2
Calculate the amount of the individual's modified net income for year X (see section 1025).
3
Calculate the amount on which the individual is chargeable to capital gains tax for year X.
4
Add together the amounts calculated under subsections (2) and (3).
The result is the individual's charged amount for year X.
428Meaning of “gift aid declaration”
1
In this Chapter “gift aid declaration” means a declaration which—
a
is given in the manner specified by regulations made by the Commissioners for Her Majesty's Revenue and Customs, and
b
contains any information and any statements required by the regulations.
2
The regulations may provide for declarations—
a
to have effect,
b
to cease to have effect, or
c
to be treated as never having had effect,
in any circumstances and for any purposes specified by the regulations.
3
The regulations may—
a
require charities to keep records with respect to declarations received from individuals, and
b
make different provision for declarations made in a different manner.
429Giving through self-assessment return
1
This section applies if—
a
as a result of a personal return for a tax year being made by an individual, a tax repayment for one or more tax years falls to be made to the individual, and
b
conditions A and B are met.
2
Condition A is that the personal return contains a single direction, in the form specified in the return, requiring—
a
the whole of the tax repayment, or so much of it as does not exceed a specified amount, to be paid on the individual's behalf as a gift to a single listed charity which is specified in the return, and
b
the gift to be treated as a qualifying donation for the purposes of this Chapter.
3
Condition B is that the gift meets Conditions A to G mentioned in section 416.
4
The gift is to be treated for the purposes of this Chapter as a qualifying donation made by the individual at the time the payment is received by the charity.
5
In this section—
“listed charity” means a charity which, at the time the personal return is made, is included (at the request of the charity) in a list maintained for the purposes of this section by the Commissioners for Her Majesty's Revenue and Customs,
“personal return” means a return under section 8 of TMA 1970,
“tax repayment” means a repayment (after any set-off that falls to be made against the individual's liabilities) of either or both of—
- a
income tax or amounts paid on account of income tax, and
- b
capital gains tax,
and, for the purposes of subsection (2)(a), includes any repayment supplement (within the meaning of section 824 of ICTA or section 283 of TCGA 1992).
- a
430“Charity” to include exempt bodies
1
In this Chapter “charity” includes—
a
the Trustees of the National Heritage Memorial Fund,
b
the Historic Buildings and Monuments Commission for England,
c
the National Endowment for Science, Technology and the Arts, and
d
a club that is registered as a community amateur sports club for the purposes of Schedule 18 to FA 2002.
2
For the purposes of the application of section 414(1) in relation to clubs that are charities as a result of subsection (1)(d) of this section, membership fees are not gifts.