SCHEDULES

SCHEDULE 15Relief in respect of gift aid and other income

Treatment of income tax deducted or repaid

9

In section 59B of TMA 1970 (payment of income tax and capital gains tax), in subsection (7), at the end insert—

But such a reference does not include income tax repaid on a claim for repayment of income tax which—

a

is treated as having been paid by virtue of section 520(4) of ITA 2007 (gift aid relief: income tax treated as paid by trustees of charitable trust), or

b

has been deducted at source from income to which section 532, 533, 536 or 537 of that Act (certain sources of income exempt from income tax) applies.

10

1

Section 967 of CTA 2010 (set-off of income tax deductions against corporation tax: payments received by UK resident companies) is amended as follows.

2

After subsection (4) insert—

5

The reference in subsection (1) to a payment received by a company does not include a reference to a payment which is exempt from tax by virtue of any of the following—

  • section 472 (gifts qualifying for gift aid relief: charitable companies);

  • section 475 (gifts qualifying for gift aid relief: eligible bodies);

  • section 664 (exemption for interest and gift aid income: community amateur sports clubs).

3

In subsection (5) (as inserted by sub-paragraph (2)), after the entry for section 475 insert—

section 486 (investment income and non-trading profits from loan relationships);

section 487 (public revenue dividends);

section 488 (certain miscellaneous income);

section 489 (income from estates in administration);