(1)If—
(a)a company makes a payment to a charity (“the charitable payment”),
(b)the charity makes a payment to the company (“the repayment”), and
(c)each of conditions A to D is met,
the charitable payment is not subject to a condition as to repayment.
(2)Condition A is that the company is wholly owned by the charity, or by a number of charities that include the charity.
(3)Condition B is that the charitable payment is of an amount which the company estimates to be the amount necessary to reduce to nil the company's taxable total profits for the accounting period in which the payment is made (“the relevant period”).
(4)Condition C is that the only purpose for which the charity makes the repayment is to adjust the amount of the charitable payment so that it is of the amount actually necessary to reduce to nil the company's taxable total profits for the relevant period.
(5)Condition D is that the repayment is made no later than 12 months after the end of the relevant period.
(6)If subsection (1) applies—
(a)the repayment is not non-charitable expenditure for the purposes of section 493 or 515 of this Act or section 543(1)(f) of ITA 2007, F1...
[F2(aa)the repayment is not non-qualifying expenditure for the purposes of Chapter 9 of Part 13 (see section 661(5)), and]
(b)paragraphs 56 and 62 (but not 64) of Schedule 18 to FA 1998 (supplementary claims or elections) apply to the repayment.
Textual Amendments
F1Word in s. 192(6)(a) omitted (with effect in accordance with s. 35(13)(14) of the amending Act) by virtue of Finance Act 2014 (c. 26), s. 35(3)
F2S. 192(6)(aa) inserted (with effect in accordance with s. 35(13)(14) of the amending Act) by Finance Act 2014 (c. 26), s. 35(3)