Part 10Special rules about charitable trusts etc

Restrictions on exemptions

540The non-exempt amount

1

A charitable trust has a non-exempt amount for a tax year if it has—

a

non-charitable expenditure for the tax year (amount A), and

b

attributable income and gains for the tax year (amount B).

2

The non-exempt amount for the tax year is—

a

amount A, or

b

if less, amount B.

3

For the purposes of this Part—

a

a charitable trust's “attributable income” for a tax year is the charitable trust's income for the tax year that is exempt from income tax as a result of any of the exemptions under this Part,

b

a charitable trust's “attributable gains” for a tax year are any gains accruing to the charitable trust in the tax year that as a result of F1section 256(1) of TCGA 1992, are not chargeable gains, and

c

a charitable trust's “attributable income and gains” for a tax year is the sum of its attributable income for the tax year and its attributable gains for the tax year.

4

In applying subsection (3)(a) ignore any restrictions on the exemptions under this Part which result from section 539(2).

5

In applying subsection (3)(b) ignore any restriction on the exemption under section 256(1) of TCGA 1992 which results from section 256(4) of that Act.