Part 8U.K.Other reliefs

Chapter 2U.K.Gift aid

Measures to ensure donor's liability not less than tax treated as deductedU.K.

423Restriction of certain reliefsU.K.

(1)This section applies if—

(a)an individual makes one or more gifts to charities in a tax year which are qualifying donations, and

(b)amount A is greater than amount B.

(2)In this section—

  • amount A” means the total amount of the tax treated as deducted from the gifts under section 414, and

  • amount B” means the total amount of income tax and capital gains tax to which the individual is charged for the tax year (before applying this section).

(3)For the purposes of this section, the total amount of income tax to which the individual is charged for the tax year is the amount calculated in accordance with section 425.

(4)The individual's entitlement to the reliefs mentioned in subsection (5) is extinguished, so far as is necessary to ensure that the total amount of income tax and capital gains tax to which the individual is charged for the tax year (after applying this section)—

(a)is equal to amount A, or

(b)if that is not possible, falls short of amount A by as little as possible.

(5)The reliefs are—

(a)an allowance under Chapter 2 of Part 3 of this Act F1... (personal allowance and blind person's allowance),

(b)a tax reduction under Chapter 3 of Part 3 of this Act F1... (tax reductions for married couples and civil partners), [F2and]

(c)relief under section 457 or 458 of this Act F1... (payments to trade unions and police organisations), F3...

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 423(5) omitted (with effect in accordance with Sch. 1 para. 7 of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 1 para. 6(o)(iii)

F2Word in s. 423(5)(b) inserted (17.7.2012) (with effect in accordance with Sch. 39 para. 32(6) of the amending Act) by Finance Act 2012 (c. 14), Sch. 39 para. 32(2)(b)(i)

F3S. 423(5)(d) and preceding word omitted (17.7.2012) (with effect in accordance with Sch. 39 para. 32(6) of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 39 para. 32(2)(b)(ii)