Part 6Charitable donations relief
Chapter 3Certain disposals to charity
Special provisions about qualifying interests in land
213Certificate required from charity
1
This section applies if the qualifying investment is a qualifying interest in land.
2
A company may not make a claim under section 203 unless the company has received a certificate given by or on behalf of the charity.
3
The certificate must—
a
describe the qualifying interest in land,
b
specify the date of the disposal, and
c
state that the charity has acquired the qualifying interest in land.
214Qualifying interests in land held jointly
1
This section applies if the qualifying investment is a qualifying interest in land.
2
It applies if two or more persons (“the owners”)—
a
are jointly beneficially entitled to the qualifying interest in land, or
b
are, taken together, beneficially entitled in common to the qualifying interest in land.
3
Relief as a result of this Chapter is available if—
a
at least one of the owners is a qualifying company, and
b
all the owners dispose of the whole of their beneficial interests in the qualifying interest in land to the charity.
4
Relief as a result of this Chapter is available to each of the owners which is a qualifying company (and section 215 applies).
5
A company is a qualifying company if it is not itself a charity.
6
Subsection (7) applies if one or more of the owners is not a company.
7
For the purpose of determining whether the owners' beneficial interests are disposed of as mentioned in subsection (3)(b), section 205(2) to (4) applies as if references to a company included references to a person who is not a company.
215Calculation of relievable amount etc where joint disposal of interest in land
1
If relief as a result of this Chapter is available because of section 214, this section applies for the purpose of finding—
a
the relievable amount, and
b
the amount of relief to be given to a qualifying company.
2
If one or more of the owners is an individual, subsections (3) and (4) apply.
3
The relievable amount is taken to be the relievable amount calculated for the purposes of Chapter 3 of Part 8 of ITA 2007.
4
The amount of relief to be given to a qualifying company as a result of this Chapter is calculated on the basis that the reference in section 203(2) to the relievable amount is read as a reference to such share of the relievable amount found under subsection (3) above as is allocated to the company by the agreement mentioned in section 442(5) of ITA 2007.
5
If none of the owners is an individual, subsections (6) to (9) apply.
6
Calculate the relievable amount under this Chapter as if—
a
the owners were a single qualifying company, and
b
the disposals of the owners' beneficial interests were a single disposal by that single company of the whole of the beneficial interest in the qualifying interest in land.
7
In particular, calculate the consideration mentioned at Step 1 in section 206(4) by—
a
calculating, for each owner, the consideration for which the disposal of the owner's beneficial interest is treated as made for the purposes of TCGA 1992 as a result of section 257(2)(a) of that Act, and
b
adding together all the consideration calculated under paragraph (a).
8
If one or more of the owners is not a qualifying company, in calculating the relievable amount make just and reasonable adjustments to reduce the relievable amount to reflect the fact that relief as a result of this Chapter is not available to that owner or to those owners.
9
The amount of relief to be given to a qualifying company as a result of this Chapter is calculated on the basis that the reference in section 203(2) to the relievable amount is read as a reference to such share of the relievable amount found under subsections (6) to (8) above as is allocated to the company by an agreement made between those owners which are qualifying companies.
216Disqualifying events
1
This section applies if the qualifying investment is a qualifying interest in land.
2
If a disqualifying event occurs at any time in the provisional period, the following are treated as never having been entitled to relief as a result of this Chapter in respect of the disposal of the qualifying interest in land—
a
in a case where sections 214 and 215 do not apply, the company which made the disposal, and
b
in a case where those sections apply, each qualifying company which is an owner.
3
All such assessments and adjustments of assessments are to be made as are necessary to give effect to subsection (2).
4
A disqualifying event occurs if a person mentioned in subsection (5) becomes (otherwise than for full consideration in money or money's worth)—
a
entitled to an interest or right in relation to all or part of the land to which the disposal relates, or
b
party to an arrangement under which he enjoys some right in relation to all or part of that land.
5
The persons are—
a
in a case where sections 214 and 215 do not apply, the company which made the disposal or a person connected with that company, and
b
in a case where those sections apply, a person who is an owner or a person connected with such a person.
6
A disqualifying event does not occur if a person becomes entitled to an interest or right as mentioned in subsection (4)(a) as a result of a disposition of property on death (whether the disposition is effected by will, under the law relating to intestacy or otherwise).
7
“The provisional period” is the period beginning with the date of the disposal of the qualifying interest in land and ending with the sixth anniversary of the end of the accounting period in which the disposal was made.