SCHEDULES

SCHEDULE 1Minor and consequential amendments

Part 2Other enactments

Income Tax (Trading and Other Income) Act 2005 (c. 5)

555

(1)

Amend section 628 (exception for gifts to charities) as follows.

(2)

In subsection (2)—

(a)

in paragraph (a) for “is to” substitute “ must ”, and

(b)

in paragraph (b) omit the words after “person”.

(3)

After that subsection insert—

“(2A)

The cases covered by subsection (2)(b) include cases where the trustees have, or any other person has, any discretion over one or more of the following matters—

(a)

whether, or the extent to which, the income is to be accumulated,

(b)

the persons to whom the income is to be paid, and

(c)

how much of the income is to be paid to any person.”

(4)

In subsection (6)—

(a)

in the definition of “charity” for the words from “each” to the end substitute—

“(a)

the Trustees of the National Heritage Memorial Fund,

(b)

the Historic Buildings and Monuments Commission for England, and

(c)

the National Endowment for Science, Technology and the Arts, and”, and

(b)

omit the definition of “resident” and the “and” immediately after it.