- Latest available (Revised)
- Point in Time (06/04/2012)
- Original (As enacted)
Point in time view as at 06/04/2012.
Finance Act 2008, SCHEDULE 19 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 53
1(1)A charity is entitled to be paid an amount by the Commissioners (referred to in this Schedule as a payment of “gift aid supplement”) if the following conditions are met.U.K.
(2)Condition A is that a gift aid donation is made to the charity in a transitional tax year.
(3)Condition B is that the charity makes a claim for the donation to be exempt from tax by virtue of—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)section 521(4) of ITA 2007 (charitable trusts), F2...
[F3(ba)section 472 of CTA 2010 (charitable companies),
(bb)section 475 of CTA 2010 (eligible bodies), or]
(c)[F4section 664(1) of CTA 2010] (community amateur sports clubs).
(4)Condition C is that the claim is made within the period of two years beginning immediately after the end of—
(a)the accounting period to which the claim relates (in a case falling within sub-paragraph [F5(3)(ba), (bb) or (c)]), or
(b)the tax year to which the claim relates (in a case falling within sub-paragraph (3)(b)).
(5)Condition D is that the claim is allowed.
Textual Amendments
F1Sch. 19 para. 1(3)(a) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 580(2)(a), Sch. 3 Pt. 1 (with Sch. 2)
F2Word in Sch. 19 para. 1(3)(b) repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 580(2)(a), Sch. 3 Pt. 1 (with Sch. 2)
F3Sch. 19 para. 1(3)(ba)(bb) inserted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 580(2)(b) (with Sch. 2)
F4Words in Sch. 19 para. 1(3)(c) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 580(2)(c) (with Sch. 2)
F5Words in Sch. 19 para. 1(4)(a) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 580(3) (with Sch. 2)
2(1)The amount of gift aid supplement that a charity is entitled to be paid in respect of a gift aid donation is—U.K.
where—
DGN is the amount of the gift aid donation grossed up by reference to the notional basic rate for the transitional tax year, and
DGA the amount of the gift aid donation grossed up by reference to the actual basic rate of income tax for the transitional tax year.
(2)A charity is not entitled to be paid gift aid supplement in respect of a gift aid donation if the amount determined in accordance with sub-paragraph (1) is a negative amount.
3(1)The “notional basic rate” for a transitional tax year is calculated by adding together—U.K.
(a)the actual basic rate of income tax for that year, and
(b)the transitional supplement for that year.
(2)But if the rate calculated for a transitional tax year by adding those two things together is more than 22%, the notional basic rate for that year is 22%.
(3)The “transitional supplement” for each transitional tax year is 2%.
(4)Section 998 of ITA 2007 applies to the grossing up of an amount by reference to a notional basic rate as if the notional basic rate were an actual rate of tax.
4(1)This paragraph applies if an officer of Revenue and Customs discovers that payment or set-off of an amount of gift aid supplement—U.K.
(a)ought not to have been made, or
(b)is or has become excessive.
(2)The relevant amount of gift aid supplement may be recovered as if it were an amount of income tax wrongly repaid to the charity (and, in particular, section 30 of TMA 1970 and paragraph 52 of Schedule 18 to FA 1998 apply accordingly).
(3)An amount to be recovered in accordance with sub-paragraph (2) is liable to interest as if it were an amount of income tax wrongly repaid to the charity.
(4)In this paragraph “relevant amount of gift aid supplement” means the payment or set-off of the amount of gift aid supplement, to the extent that it—
(a)ought not to have been made, or
(b)is or has become excessive.
(5)For the purposes of this paragraph income tax is “wrongly repaid” to a charity if it is an amount repaid to the charity which ought not to have been repaid.
(6)For the purposes of this paragraph it does not matter if a charity is within the charge to income tax or the charge to corporation tax.
5U.K.Gift aid supplement is not—
(a)income for the purposes of income tax, or
(b)profits for the purposes of corporation tax.
6U.K.Any expenditure incurred by the Commissioners under this Schedule is to be paid out of money provided by Parliament.
7U.K.In this Schedule—
“charity” has the same meaning as in Chapter 2 of Part 8 of ITA 2007 (gift aid);
“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;
“gift aid donation” means a gift which is a qualifying donation for the purposes of Chapter 2 of Part 8 of ITA 2007;
“gift aid supplement” has the meaning given in paragraph 1(1);
“transitional tax year” means each of the tax years 2008-09, 2009-10 and 2010-11.
F68U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 19 para. 8 repealed (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 3 Pt. 1 (with Sch. 2)
9U.K.In section 521 of ITA 2007 (gifts entitling donor to gift aid relief: income tax liability and exemption of charity), after subsection (6) insert—
“(7)Schedule 19 to FA 2008 contains provision for transitional payments to charitable trusts in respect of gifts made in the tax years 2008-09 to 2010-11.”
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: