Income Tax Act 2007

97 (1) Amend section 506B (section 506A: exceptions) as follows.

(2) In subsections (1) to (4), (7) and (9), for “charity” in each place where it occurs substitute “charitable company”.

(3) In subsection (5) for “to which section 587B applies” substitute “in respect of which relief is available under section 587B of this Act or section 431 of ITA 2007 (gifts of shares, securities and real property to charities etc)”.

(4) In subsection (7) for the words after “so far as” substitute “they relate to a donation by the donor, and—

(a) if the donation is made by a company, the payments or benefits do not prevent the donation being a qualifying donation for the purposes of section 339 because of subsection (3B)(b) of that section (restrictions on associated benefits), or

(b) if the donation is made by an individual, the payments or benefits do not prevent the donation being a qualifying donation for the purposes of section 416 of ITA 2007 because of subsection (7)(b) of that section (restrictions on associated benefits).”

(5) In subsection (8) for the words from “the charity” to the end substitute “a charitable company which owns it (or any part of it)”.