Part 2 Corporation Tax

Part 2 Corporation Tax

2

After Part 21B of CTA 2010 (inserted by Schedule 5 to this Act) insert—

“Part 21C
Tainted Charity Donations

Introduction

939A Overview of Part

(1)     This Part makes provision for removing entitlement to corporation tax reliefs where a person makes a relievable charity donation which is a tainted donation.

(2)     See Chapter 8 of Part 13 of ITA 2007 and section 257A of TCGA 1992 for the removal of entitlement to other reliefs, and the ways in which other income tax advantages are counteracted, where a person makes a relievable charity donation which is a tainted donation.

939B Relievable charity donations

(1)     In this Chapter “relievable charity donation†means a gift or other disposal which—

(a)     is made by a person to a charity, and

(b)     is eligible for tax relief.

(2)     A gift or other disposal is eligible for tax relief if one or both of the following apply—

(a)     (ignoring the tainted donation provisions) tax relief would be available in respect of it under a relevant relieving provision;

(b)     the charity is entitled to claim a repayment of tax in respect of it.

(3)     “The tainted donation provisions†are—

(a)     this

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