SCHEDULES

SCHEDULE 6Charities and community amateur sports clubs: definitions

Part 2Repeals of superseded definitions and other consequential amendments

FA 1982

8I1

In section 129(1) of FA 1982 (stamp duty: exemption from duty on grants, transfers to charities etc), for “a body of persons established for charitable purposes only or to the trustees of a trust so established” substitute “ a charitable company or to the trustees of a charitable trust ”.

Annotations:
Commencement Information
I1

Sch. 6 para. 8 in force at 8.3.2012 with effect as mentioned in art. 3 of the commencing S.I. by S.I. 2012/736, art. 3

FA 1983

I189

In section 46(3) of FA 1983 (Historic Buildings and Monuments Commission for England) for “a body of persons established for charitable purposes only” substitute “ a charitable company ”.

Annotations:
Commencement Information
I18

Sch. 6 para. 9 in force at 1.4.2012 by S.I. 2012/736, art. 4

IHTA 1984

10I2

In section 272 of IHTA 1984 (general interpretation), omit the definitions of “charity” and “charitable”.

Annotations:
Commencement Information
I2

Sch. 6 para. 10 in force at 8.3.2012, with effect as mentioned in art. 5 of the commencing S.I. by S.I. 2012/736, art. 5

FA 1986

11I3

In section 90(7) of FA 1986 (stamp duty reserve tax: exceptions from principal charge)—

a

in paragraph (a), for “a body of persons established for charitable purposes only” substitute “ a charitable company ”, and

b

in paragraph (b), for “a trust so established” substitute “ a charitable trust ”.

Annotations:
Commencement Information
I3

Sch. 6 para. 11 in force at 8.3.2012, with effect as mentioned in art. 6 of the commencing S.I. by S.I. 2012/736, art. 6

FA 1989

12I4

In paragraph 4 of Schedule 5 to FA 1989 (employee share ownership trusts), omit sub-paragraph (10).

Annotations:
Commencement Information
I4

Sch. 6 para. 12 in force at 8.3.2012, with effect as mentioned in art. 7 of the commencing S.I. by S.I. 2012/736, art. 7

TCGA 1992

13

1

TCGA 1992 is amended as follows.

2I5

In section 222(8B)(b)(iii) (relief on disposal of private residence), for “established for charitable purposes only” substitute “ a charitable company ”.

3I6

In section 256 (charities), omit subsections (6) and (8).

4I6

In section 256C (attributing gains to the non-exempt amount: charitable companies), omit subsection (6).

5I6

In section 256D (how gains are attributed to the non-exempt amount: charitable companies), omit subsection (7).

Annotations:
Commencement Information
I5

Sch. 6 para. 13(2) in force at 8.3.2012, with effect as mentioned in art. 8 of the commencing S.I. by S.I. 2012/736, art. 8

I6

Sch. 6 para. 13(3)(4)(5) in force at 8.3.2012, with effect as mentioned in art. 9 of the commencing S.I. by S.I. 2012/736, art. 9

F(No.2)A 1997

14

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FA 1999

I7I1915

1

Schedule 19 to FA 1999 (stamp duty and stamp duty reserve tax: unit trusts) is amended as follows.

F32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In paragraph 15(c), for “bodies of persons established for charitable purposes only or trustees of trusts so established” substitute “ charitable companies or trustees of charitable trusts ”.

CAA 2001

16I8

In section 63(2) of CAA 2001 (cases in which disposal value is nil)—

a

in paragraph (a), omit “within the meaning of Part 10 of ITA 2007 (see section 519 of that Act)”, and

b

in paragraph (aa), omit “within the meaning of Part 11 of CTA 2010 (see section 467 of that Act)”.

Annotations:
Commencement Information
I8

Sch. 6 para. 16 in force at 8.3.2012, with effect as mentioned in art. 12 of the commencing S.I. by S.I. 2012/736, art. 12

ITEPA 2003

17I9

1

ITEPA 2003 is amended as follows.

2

In section 99(3)(b)(ii) (accommodation provided for performance of duties), for “established for charitable purposes only” substitute “ a charitable company ”.

3

In section 216(3)(b) (provisions not applicable to lower-paid employments) for “established for charitable purposes only” substitute “ a charitable company ”.

4

In section 223(7)(b)(ii) (payments on account of director's tax other than by the director), for “established for charitable purposes only” substitute “ a charitable company ”.

5

In section 290(5) (accommodation benefits of ministers of religion), omit the definition of “charity”.

6

In section 351 (expenses of ministers of religion), omit subsection (5).

7

In section 714(2) (payroll giving: meaning of “donation”), in the definition of “charity”, omit “means any body of persons or trust established for charitable purposes only and”.

Annotations:
Commencement Information
I9

Sch. 6 para. 17 in force at 8.3.2012, with effect as mentioned in art. 13 of the commencing S.I. by S.I. 2012/736, art. 13

FA 2003

18

Schedule 8 to FA 2003 (SDLT: charities relief) is amended as follows.

19I10

In paragraph 1 (charities relief), omit sub-paragraph (4).

Annotations:
Commencement Information
I10

Sch. 6 para. 19 in force at 8.3.2012, with effect as mentioned in art. 14 of the commencing S.I. by S.I. 2012/736, art. 14

20I11

In paragraph 4 (charitable trusts), in sub-paragraph (2), omit “and “charity” has the same meaning as in paragraph 1”.

Annotations:
Commencement Information
I11

Sch. 6 para. 20 in force at 8.3.2012 with effect as mentioned in art. 14 of the commencing S.I. by S.I. 2012/736, art. 14

ITTOIA 2005

I12I1321

1

ITTOIA 2005 is amended as follows.

2

In section 410(3)(b) (when stock dividend income arises), for “trust established for charitable purposes only” substitute “ charitable trust ”.

3

In section 545(1) (definitions for Chapter 9 of Part 4), omit the definition of “charitable trust”.

F24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

In Part 2 of Schedule 4 (index of defined expressions)—

a

in the entry for “charitable trust (in Chapter 9 of Part 4)”—

i

omit “(in Chapter 9 of Part 4)”, and

ii

for “section 545(1)” substitute “ paragraph 1 of Schedule 6 to FA 2010 ”, and

b

in the entry for “charity”, for “section 989 of ITA 2007” substitute “ paragraph 1 of Schedule 6 to FA 2010 ”.

F(No.2)A 2005

I2022

In section 18(3)(b)(i) of F(No.2)A 2005 (authorised unit trusts and OEICS: specific powers) omit “(within the meaning of section 989 of ITA 2007)”.

Annotations:
Commencement Information
I20

Sch. 6 para. 22 in force at 1.4.2012 by S.I. 2012/736, art. 16

ITA 2007

23

1

ITA 2007 is amended as follows.

2I14

In section 479(1)(b) (special rates for trustees' income), for “trust established for charitable purposes only” substitute “ charitable trust ”.

3I14

In section 481(1)(c) (other special rates for trustees), for “trust established for charitable purposes only” substitute “ charitable trust ”.

4I14

Omit section 519 (meaning of “charitable trust”).

5I14

In section 873(2) (discretionary or accumulation settlements), in paragraphs (a) and (b), for “trust established for charitable purposes only” substitute “ charitable trust ”.

6I15

In section 989 (definitions), omit the definition of “charity”.

7I14

In Schedule 4 (index of defined expressions)—

a

in the entry for “charitable trust (in Part 10)”—

i

omit “(in Part 10)”, and

ii

for “section 519” substitute “ paragraph 1 of Schedule 6 to FA 2010 ”, and

b

in the entries for “charity”, “charity (in Chapter 2 of Part 8)” and “charity (in Chapter 3 of Part 8)”, for “section 989” substitute “ paragraph 1 of Schedule 6 to FA 2010 ”.

Annotations:
Commencement Information
I14

Sch. 6 para. 23(2)-(5) (7) in force at 8.3.2012 with effect as mentioned in art. 17 of the commencing S.I. by S.I. 2012/736, art. 17

I15

Sch. 6 para. 23(6) in force at 8.3.2012 with effect as mentioned in art. 18 of the commencing S.I. by S.I. 2012/736, art. 18

FA 2008

I2124

In paragraph 60(2) of Schedule 36 to FA 2008 (references to carrying on a business), omit the definition of “charity”.

Annotations:
Commencement Information
I21

Sch. 6 para. 24 in force at 1.4.2012 by S.I. 2012/736, art. 19

CTA 2009

25

1

CTA 2009 is amended as follows.

2

In section 1319 (other definitions), omit the definition of “charity”.

3

In Schedule 4 (index of defined expressions), in the entry for “charity”, for “section 1319” substitute “ paragraph 1 of Schedule 6 to FA 2010 ”.

FA 2009

I2226

In paragraph 8 of Schedule 49 to FA 2009 (general interpretation), omit the definition of “charity”.

Annotations:
Commencement Information
I22

Sch. 6 para. 26 in force at 1.4.2012 by S.I. 2012/736, art. 20

CTA 2010

27I16

1

CTA 2010 is amended as follows.

2

In section 202 (meaning of “charity” in Chapter 2 of Part 6)—

a

for “means” substitute “ includes ”, and

b

omit paragraph (a).

3

In section 217 (meaning of “charity” in Chapter 3 of Part 6)—

a

for “means” substitute “ includes ”, and

b

omit paragraph (a).

4

Omit section 467 (meaning of “charitable company” in Part 11).

5

In section 610(2)(a) (discretionary payments by trustees to companies), omit “as defined in section 467”.

6

In section 1119 (definitions), omit the definition of “charity”.

7

In Schedule 4 (index of defined expressions)—

a

in the entry for “charitable company (in Part 11)”—

i

omit “(in Part 11)”, and

ii

for “section 467” substitute “ paragraph 1 of Schedule 6 to FA 2010 ”,

b

in the entry for “charity (except in Chapters 2 and 3 of Part 6)” for “section 1119” substitute “ paragraph 1 of Schedule 6 to FA 2010 ”,

c

in the entry for “charity (in Chapter 2 of Part 6)”, for “section 202” substitute “ paragraph 1 of Schedule 6 to FA 2010 (and see section 202 of this Act) ”, and

d

in the entry for “charity (in Chapter 3 of Part 6)”, for “section 217” substitute “ paragraph 1 of Schedule 6 to FA 2010 (and see section 217 of this Act) ”.

Annotations:
Commencement Information
I16

Sch. 6 para. 27 in force at 8.3.2012 with effect as mentioned in art. 21 of the commencing S.I. by S.I. 2012/736, art. 21

TIOPA 2010

28I17

In section 326(3) of TIOPA 2010 (charities), omit the definition of “charity” and the “and” immediately after it.

Annotations:
Commencement Information
I17

Sch. 6 para. 28 in force at 8.3.2012 with effect as mentioned in art. 22 of the commencing S.I. by S.I. 2012/736, art. 22

Power to make further consequential provision

29

1

The Commissioners for Her Majesty's Revenue and Customs may by order make such further consequential, incidental, supplemental, transitional or transitory provision or saving as appears appropriate in consequence of, or otherwise in connection with, Part 1.

2

An order under this paragraph may—

a

make different provision for different purposes, and

b

make provision repealing, revoking or otherwise amending any enactment or instrument (whenever passed or made).

3

An order under this paragraph is to be made by statutory instrument.

4

A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of an order of the House of Commons.