Part 6Charitable donations relief

Chapter 2Certain payments to charity

Interpretation

200Company wholly owned by a charity

1

For the purposes of this Chapter a company is wholly owned by a charity if condition A or B is met.

2

Condition A is that—

a

the company has an ordinary share capital, and

b

every part of that share capital is owned by a charity (whether or not the same charity).

3

Condition B is that—

a

the company is limited by guarantee, and

b

every beneficiary of the company is or must be a charity or a company wholly owned by a charity.

4

Ordinary share capital of a company is treated as owned by a charity if a charity—

a

directly or indirectly owns that share capital within the meaning of Chapter 3 of Part 24, or

b

would be taken so to own it if references in that Chapter to a body corporate included references to a charity which is not a body corporate.

5

A beneficiary of a company is a person who—

a

is beneficially entitled to participate in the company's divisible profits, or

b

will be beneficially entitled to share in any of the company's net assets available for distribution on its winding up.