F1Part 21CTainted charity donations

Annotations:
Amendments (Textual)
F1

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

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entitlement to that relief is not withdrawn by subsection (2),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—

    1. a

      in accordance with the relevant arrangements, and

    2. b

      by a person, other than—

      1. i

        a qualifying charity-owned company in relation to that relievable charity donation, or

      2. ii

        a relevant housing provider linked (within the meaning of section 939C(7)) with the charity to which that donation is made;

  • corporation tax relief ” means relief under—

    1. 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,

    2. b

      section 105 of CTA 2009 (gifts of trading stock), or

    3. c

      Part 6 of CTA 2010 (charitable donations relief);

  • 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.