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Finance Act 1991

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68 Gifts to educational establishments.U.K.

(1)For section 84 of the Taxes Act 1988 (payments for technical education) there shall be substituted the following—

84 Gifts to educational establishments.

(1)This section applies where a person carrying on a trade, profession or vocation ( “the donor) makes a gift for the purposes of a designated educational establishment of—

(a)an article manufactured, or of a class or description sold, by the donor in the course of his trade which qualifies as machinery or plant in the hands of the educational establishment; or

(b)an article used by the donor in the course of his trade, profession or vocation—

(i)which, for the purposes of Part II of the 1990 Act (capital allowances for machinery and plant), constitutes machinery or plant used by him wholly or partly in the course of that trade, profession or vocation; and

(ii)in respect of which he has claimed an allowance under that Part of that Act.

(2)For the purposes of this section, an article “qualifies as machinery or plant in the hands of an educational establishment if, and only if, it is an article such that—

(a)were the activities carried on by the educational establishment regarded as a trade carried on by a body of persons, and

(b)had that body, at the time of the gift, incurred capital expenditure wholly and exclusively on the provision of an identical article for the purposes of those activities, and

(c)had the identical article belonged to that body in consequence of the incurring of that expenditure,

the identical article would be regarded for the purposes of Part II of the 1990 Act as machinery or plant provided by the body for the purposes of that trade.

(3)Where this section applies—

(a)if the gift is of an article falling within paragraph (a) of subsection (1) above, then, for the purposes of the Tax Acts, no amount shall be required to be brought into account as a trading receipt of the donor in consequence of his disposal of that article from trading stock; and

(b)if the gift is of an article falling within paragraph (b) of that subsection, subsection (6) of section 24 of the 1990 Act shall not require the donor to bring into account any disposal value in respect of the article for the purposes of that section;

but this subsection shall not apply unless, within two years of making the gift, the donor makes a claim for relief under this subsection, specifying the article given and the name of the educational establishment in question.

(4)In any case where—

(a)relief is given under subsection (3) above in respect of the gift of an article, and

(b)any benefit received in any chargeable period by the donor or any person connected with him is in any way attributable to the making of that gift,

the donor shall in respect of that chargeable period be charged to tax under Case I or Case II of Schedule D or, if he is not chargeable to tax under either of those Cases for that period, under Case VI of Schedule D on an amount equal to the value of that benefit.

(5)In this section “designated educational establishment means any educational establishment designated, or of a category designated,—

(a)as respects Great Britain, in regulations made by the Secretary of State; or

(b)as respects Northern Ireland, in regulations made by the Department of Education for Northern Ireland;

and any such regulations may make different provision for different areas.

(6)If any question arises as to whether a particular establishment falls within a category designated in regulations under subsection (5) above, the Board shall refer the question for decision—

(a)in the case of an establishment in Great Britain, to the Secretary of State, or

(b)in the case of an establishment in Northern Ireland, to the Department of Education for Northern Ireland.

(7)The power of the Secretary of State to make regulations under subsection (5) above shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of the House of Commons.

(8)Regulations made under subsection (5) above for Northern Ireland—

(a)shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and

(b)shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(9)Section 839 applies for the purposes of subsection (4) above.

(2)The amendment made by subsection (1) above shall have effect with respect to gifts made on or after 19th March 1991.

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