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Income Tax Act 2007

Section 413: Overview of Chapter

1165.This section provides an overview of the Chapter. It is new.

1166.Subsection (2) points to section 414, which sets out how the relief works.

1167.Under section 414(2)(a), the gift is treated as paid after deduction of income tax. If the tax treated as deducted from the gift is greater than the income tax and capital gains tax to which the individual is liable, the excess is recovered. Under these rules, signposted by subsection (3):

  • the donor may suffer the restriction of certain other reliefs (including personal allowances); and

  • if the tax treated as deducted from gifts exceeds the income tax and capital gains tax to which the donor is liable, additional income tax will be charged.

1168.The position of the charity receiving the gift is not addressed in this Chapter. The rules about charitable trusts are in Part 10 of this Act. The rules about charitable companies remain in the source legislation, as indicated by subsection (5).

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