Section 474A | Legacies: corporation tax liability and exemption

(1)This section applies to a gift of property—

(a)that is made by will to a charitable company, and

(b)that is not chargeable to corporation tax apart from this section.

(2)The value of the property that is the subject of the gift is treated as an amount in respect of which the charitable company is chargeable to corporation tax, under the charge to corporation tax on income.

(3)For that purpose the value of any property other than money is its market value as at the time of the death of the person by whose will the gift of the property is made.

(4)But the value attributable to property is not taken into account in calculating total profits so far as the property is applied to charitable purposes only.

(5)A gift of property made to a charitable company is treated for the purposes of this section as made by will if—

(a)the gift is made to the company by virtue of the variation, after a person’s death, of a disposition of property effected by the person’s will, and

(b)the variation is treated under section 142 of the Inheritance Tax Act 1984 (alteration of dispositions taking effect on death) has having been effected by the deceased.

(6)The exemption under subsection (4) requires a claim.

(7)In this section—

“property” includes rights and interests of any description;

“will” includes a testament, a codicil and any testamentary disposition of property.