Section 939B — Corporation Tax Act 2010: Relievable charity donations

Relievable charity donations 939B 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 Part, b sections 257A and 257B of TCGA 1992 (tainted charity donations: disapplication of section 257),

and c Chapter 8 of Part 13 of ITA 2007 (tainted charity donations: removal of income tax relief etc ).

4 The following are “relevant relieving provisions”—

a section 257 of TCGA 1992 (gifts of chargeable assets),

b section 63(2)(a), (aa) and (ab) of CAA 2001 (gifts of plant and machinery),

c Part 12 of ITEPA 2003 (payroll giving),

d section 108 of ITTOIA 2005 (gifts of trading stock),

e Chapters 2 and 3 of Part 8 of ITA 2007 (gift aid and gifts of shares),

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

and g Part 6 of this Act (charitable donations relief).

5 For the purposes of this Part, an amount of income which arises under a UK settlement and to which a charity is entitled under the terms of the settlement is to be regarded as an amount gifted to the charity by the trustees of the settlement. “ UK settlement ” has the same meaning as in section 628 of ITTOIA 2005.