Finance Act 2010

Part 1 U.K.Definition of “charity”, “charitable company” and “charitable trust”

Definition of “charity” etcU.K.

1(1)For the purposes of the enactments to which this Part applies “charity” means a body of persons or trust that—U.K.

(a)is established for charitable purposes only,

(b)meets the jurisdiction condition (see paragraph 2),

(c)meets the registration condition (see paragraph 3), and

(d)meets the management condition (see paragraph 4).

(2)For the purposes of the enactments to which this Part applies—

• “charitable company” means a charity that is a body of persons;

• “charitable trust” means a charity that is a trust.

(3)Sub-paragraphs (1) and (2) are subject to any express provision to the contrary.

(4)For the meaning of “charitable purpose”, [F1see section 2 of the Charities Act 2011 ](which—

(a)applies regardless of where the body of persons or trust in question is established, and

(b)for this purpose forms part of the law of each part of the United Kingdom [F2 (see sections 7 and 8 of that Act) ]).

Jurisdiction conditionU.K.

2(1)A body of persons or trust meets the jurisdiction condition if it falls to be subject to the control of—U.K.

(a)a relevant UK court in the exercise of its jurisdiction with respect to charities, F3...

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In sub-paragraph (1)(a) “a relevant UK court” means—

(a)the High Court,

(b)the Court of Session, or

(c)the High Court in Northern Ireland

[F4(and, for enactments relating to value added tax, includes the High Court of the Isle of Man). ]

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration conditionU.K.

3(1)A body of persons or trust meets the registration condition if—U.K.

(a)in the case of a body of persons or trust that is a charity [F6within the meaning of section 10 of the Charities Act 2011 ], condition A is met, and

(b)in the case of any other body of persons or trust, condition B is met.

(2)Condition A is that the body of persons or trust has complied with any requirement to be registered in the register of charities kept under [F7section 29 of the Charities Act 2011].

(3)Condition B is that the body of persons or trust has complied with any requirement under the law of a territory outside England and Wales to be registered in a register corresponding to that mentioned in sub-paragraph (2).

Management conditionU.K.

4(1)A body of persons or trust meets the management condition if its managers are fit and proper persons to be managers of the body or trust.U.K.

(2)In this paragraph “managers”, in relation to a body of persons or trust, means the persons having the general control and management of the administration of the body or trust.

Periods over which management condition treated as metU.K.

5(1)This paragraph applies in relation to any period throughout which the management condition is not met.U.K.

(2)The management condition is treated as met throughout the period if the Commissioners for Her Majesty's Revenue and Customs consider that—

(a)the failure to meet the management condition has not prejudiced the charitable purposes of the body or trust, or

(b)it is just and reasonable in all the circumstances for the condition to be treated as met throughout the period.

Publication of names and addresses of bodies or trusts regarded by HMRC as charitiesU.K.

6U.K.Her Majesty's Revenue and Customs may publish the name and address of any body of persons or trust that appears to them to meet, or at any time to have met, the definition of a charity in paragraph 1.

Enactments to which this Part appliesU.K.

7U.K.The enactments to which this Part applies are the enactments relating to—

(a)income tax

(b)capital gains tax,

(c)corporation tax,

(d)value added tax,

(e)inheritance tax,

(f)stamp duty,

(g)stamp duty land tax, F8...

(h)stamp duty reserve tax [F9, F10...

(i)annual tax on enveloped dwellings.][F11, and

(j)diverted profits tax.]