Income Tax Act 2007

549 Transactions with substantial donors

(1) For the purposes of this section and sections 551 to 553, “substantial donor transaction” means any of the following—

(a) the sale or letting of property by a charitable trust to a substantial donor,

(b) the sale or letting of property to a charitable trust by a substantial donor,

(c) the provision of services by a charitable trust to a substantial donor,

(d) the provision of services to a charitable trust by a substantial donor,

(e) an exchange of property between a charitable trust and a substantial donor,

(f) the provision of financial assistance by a charitable trust to a substantial donor,

(g) the provision of financial assistance to a charitable trust by a substantial donor, and

(h) investment by a charitable trust in the business of a substantial donor.

(2) For the purposes of this section and sections 551 to 553, a person is a substantial donor to a charitable trust for a tax year if—

(a) the charitable trust receives relievable gifts of at least £25,000 from the person in a period of 12 months in which the tax year wholly or partly falls, or

(b) the charitable trust receives relievable gifts of at least £100,000 from the person in a period of six years in which the tax year wholly or partly falls.

(3) If a person is a substantial donor to a charitable trust for a tax year as a result of subsection (2)(a) or (b), the person is a substantial donor to the charitable trust for each of the following five tax years.

(4) A transaction entered into in a tax year with a person who is a substantial donor for that year may be a substantial donor transaction, even if it was not until after the transaction was entered into that the person first met the definition of “substantial donor” for the tax year.