Section 105 Gifts of trading stock to charities etc

United Kingdom

(1)

This section applies if a company carrying on a trade (“the donor”) gives an article for the purposes of—

(a)

a charity, a registered club or a body listed in subsection (4), or

(b)

a designated educational establishment (see section 106),

and the article is one manufactured, or of a class or description sold, by the donor in the course of the trade.

(2)

In calculating the profits of the trade, no amount is required to be brought into account as a receipt in consequence of the disposal of the article.

(3)

In this section “registered club” has the meaning given by F1section 658(6) of CTA 2010 (relief for community amateur sports clubs).

(4)

The bodies referred to in subsection (1)(a) are—

(a)

the Trustees of the National Heritage Memorial Fund, F2and

(b)

the Historic Buildings and Monuments Commission for England, F3...

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(5)

This section needs to be read with section 108 (receipt of benefits by donor or connected person).

F4(6)

This section is subject to section 203 of CTA 2010 (certain disposals of investments to charity) F5 and F6sections 939F and 939FB of that Act (removal of corporation tax relief in respect of tainted charity donations .

Annotations

Textual amendments

F1: Words in s. 105(3) substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 597(2) (with Sch. 2)
F2: Word in s. 105(4) inserted (1.4.2012) by The Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012 (S.I. 2012/964), arts. 1(2), 3(1), Sch.
F3: S. 105(4)(c) omitted (1.4.2012) by virtue of The Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012 (S.I. 2012/964), arts. 1(2), 3(1), Sch.
F4: S. 105(6) inserted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 597(3) (with Sch. 2)
F5: Words in s. 105(6) inserted (19.7.2011) (with effect in accordance with Sch. 3 para. 27 of the amending Act) by Finance Act 2011 (c. 11), Sch. 3 para. 17
F6: Words in s. 105(6) substituted (with effect in accordance with s. 56(8) of the amending Act) by Finance Act 2026 (c. 11), s. 56(8), Sch. 9 para. 24

Notes on Part 3

Modifications

C1: Pt. 3 modified (1.1.2010) by Northern Rock plc (Tax Consequences) Regulations 2009 (S.I. 2009/3227), regs. 1, 4(1)