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Legislation
Finance Act 2000

Crossheading Giving to charity

  • Section 38 Payroll deduction scheme.
  • Section 39 Gift aid payments by individuals.
  • Section 40 Gift aid payments by companies.
  • Section 41 Covenanted payments to charities.
  • Section 42 Millennium gift aid.
  • Section 43 Gifts of shares and securities to charities etc.
  • Section 44 Gifts to charity from certain trusts.
  • Section 45 Loans to charities.
  • Section 46 Exemption for small trades etc.
  1. Giving to charity
  2. Gifts to charity from certain trusts.

Section 44 | Gifts to charity from certain trusts.

From legislation.gov.uk

(1)RepealedF1

(2)RepealedF1

(3)RepealedF1

(5A)This section applies if—F2

(a)in a year of assessment qualifying income arises under a UK settlement,F2

(b)the qualifying income consists of charitable income and non-charitable income, andF2

(c)expenses of the trustees are to be used to reduce the charitable income for the purpose of calculating a beneficiary's liability to corporation tax.F2

(5B)The amount of those expenses which can used for that purpose is limited to the amount allocated to the charitable income.F2

(5C)The amount of the expenses allocated to the charitable income is determined by apportioning them rateably between the charitable income and the non-charitable income.F2

(5D)In this section—F2

“charitable income” means income within section 628(1) or 630(1) of ITTOIA 2005,

“non-charitable income” means income which is not charitable income, and

“qualifying income” and “UK settlement” have the same meaning as in section 628 of ITTOIA 2005.

(6)This section has effect in relation to qualifying income arising to a UK trust on or after 6th April 2000.

Notes

  1. F1

    S. 44(1)-(3) repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 512(2), Sch. 3 (with Sch. 2)

  2. F2

    S. 44(5A)-(5D) substituted for s. 44(4)(5) (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 391 (with Sch. 2)

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