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HMRC internal manual

Company Taxation Manual

Groups: group relief: meaning of qualifying charitable donations

CTA10/S99(1)(d), CTA10/S105, Part 6 CTA10,

Amounts allowable as qualifying charitable donations can be surrendered and claimed as group relief (CTM80105).  Detailed guidance on what constitutes a qualifying charitable donation can be found at CTM09000 onwards.

A qualifying charitable donation is a ‘relevant amount’ for the group relief provisions, so can only be surrendered to the extent that the total of the surrendering company’s relevant amounts exceeds the ‘profit-related threshold’ (or ‘gross profit’ in surrendering periods ended before 20 March 2013; see CTM80142).  This is the case regardless of whether the surrendering company uses any of the relevant amounts against its own profits.

The calculation will need to take into account the prescribed order of surrender of relevant amounts (see CTM80143).

The legislation in ICTA88 previously allowed the surrender and claim of excess charges.

See the example at CTM80450 on the surrender of excess qualifying charitable donations.