Commentary

D1.321 What is a qualifying charitable donation by a company?

Corporate tax
Corporate tax | Commentary

D1.321 What is a qualifying charitable donation by a company?

Corporate tax | Commentary

D1.321 What is a qualifying charitable donation by a company?

Tax relief for a donation made by a company to a charity will only be available if the payment falls within the definition of a qualifying payment.

Qualifying payments

A qualifying payment is one that meets the following conditions1:

  1.  

    (a)     it is a payment of a sum of money by a company (that is not a charity) to a charity, as defined at B5.8052. It also includes a scientific research association, the National Heritage Memorial Fund, the Historic Buildings and Monuments Commission for England or, for payments made on or after 1 April 2014, a community amateur sports club (B5.902)3

  2.  

    (b)     it is not a distribution (as to what constitutes a distribution, see D5.102), and

  3.  

    (c)     it is not disqualified as a tainted donation4 (B5.852), or under the anti-abuse provisions which are aimed at discouraging abuse of companies owned or controlled by

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