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Income Tax (Trading and Other Income) Act 2005
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109Receipt by donor or connected person of benefit attributable to certain gifts
This section has no associated Explanatory Notes
(1)This section applies if a person carrying on a trade (“the donor”) makes a gift in relation to which—
(a)section 108 applies, or
(b)section 63(2) of CAA 2001 applies (gifts to charities etc. of plant or machinery used in the trade),
and the donor, or a person connected with the donor, receives a benefit which is in any way attributable to the making of the gift.
(2)An amount equal to the value of the benefit—
(a)is brought into account in calculating the profits of the trade, as a receipt of the trade arising on the date on which the benefit is received, or
(b)if the donor has permanently ceased to carry on the trade before that date, is treated as a post-cessation receipt (see Chapter 18).
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