Commentary

187 Appropriation of property to charity

CHARITIES AND CHARITABLE GIVING vol 6(2)
| Commentary

187 Appropriation of property to charity

| Commentary

187 Appropriation of property to charity

Where a charity has been left, or is willing to take, property in specie, and the property is to be sold, consideration should be given to the timing of the sale. A sale by the charity avoids capital gains tax (assuming that the gain is applied to charitable purposes only)1, but in the case of land, a sale by the executors avoids the formalities imposed by the Charities Act 20112. The usual solution is for the executors to appropriate the land to the charity and sell as bare trustees for

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