F1Part 21CTainted charity donations
Removal of reliefs
939F Removal of corporation tax relief in respect of tainted donations etc
1
This section applies where a tainted donation is made by a company.
2
Where (ignoring this Part) corporation tax relief would be available in respect of the tainted donation, that relief is not available.
3
Where—
a
(ignoring this Part) corporation tax relief would be available in respect of an associated donation, and
b
entitlement to that relief is not withdrawn by subsection (2),
that relief is not available.
4
In this section —
“ associated donation ”, in relation to a tainted donation, means a relievable charity donation made—
- a
in accordance with the relevant arrangements, and
- b
by a person, other than—
- i
a qualifying charity-owned company in relation to that relievable charity donation, or
- ii
a relevant housing provider linked (within the meaning of section 939C(7)) with the charity to which that donation is made;
- i
- a
“ corporation tax relief ” means relief under—
- a
section 63(2)(a), (aa) or (ab) of CAA 2001 (gifts of plant and machinery), so far as it applies in relation to corporation tax,
- b
section 105 of CTA 2009 (gifts of trading stock), or
- c
Part 6 of CTA 2010 (charitable donations relief);
- a
“ qualifying charity-owned company ” has the meaning given by section 939C(8) (except that paragraph (b) of that definition does not apply);
“ relevant housing provider ” has the meaning given by section 939C(8);
“ the relevant arrangements ”, in relation to a tainted donation, means the arrangements by reference to which Conditions A to C in section 939C are met.
Pt. 21C inserted (with effect in accordance with Sch. 3 para. 27 28 of the amending Act) by Finance Act 2011 (c. 11), Sch. 3 para. 2