Part 8Other reliefs

Chapter 2Gift aid

Disqualified overseas gifts

422Disqualified overseas gifts

1

This section applies for the purposes of section 416(8).

2

A gift is an “overseas gift” if—

a

it is made by an individual to a charity at a time when the individual is neither UK resident nor in Crown employment, and

b

ignoring condition G in section 416(8), it is a qualifying donation.

3

An overseas gift made by an individual in a tax year is a “disqualified overseas gift” if, as a result of the gift, the overseas gifts total is more than the individual's charged amount (see section 427).

4

In subsection (3) “overseas gifts total” means the sum of the grossed up amounts of all overseas gifts made by the individual in the tax year.

5

In this section “Crown employment” means employment under the Crown—

a

which is of a public nature, and

b

the earnings from which are payable out of the public revenue of the United Kingdom or of Northern Ireland.