Finance Act 2010

This section has no associated Explanatory Notes

6(1)Section 209 (value of net benefit to charity) is amended as follows.U.K.

(2)In subsection (1), for “market” (in both places) substitute “ relevant ”.

(3)After that subsection insert—

(1A)In subsection (1) “relevant value” means—

(a)where subsection (1B) applies, the lower of the market value and the acquisition value, and

(b)otherwise, the market value.

(1B)This subsection applies where—

(a)the qualifying investment, or anything from which it derives or which it represents (whether in whole or in part and whether directly or indirectly), was acquired by the company making the disposal within the period of 4 years ending with the day on which the disposal is made,

(b)the acquisition was made as part of a scheme, and

(c)the main purpose, or one of the main purposes, of the company in entering into the scheme was to obtain relief, or an increased amount of relief, as a result of this Chapter.

(1C)In subsection (1B) “scheme” includes any scheme, arrangement or understanding of any kind, whether or not legally enforceable, involving a single transaction or two or more transactions.

(4)In subsection (2), after paragraph (a) insert—

(aa)section 210A (acquisition value of qualifying investments),.