OpenLegislation

Regulation 32 Qualifying contributionsF1I1

United Kingdom

(1)

F2Subject to paragraph (1A), a payment is a qualifying contribution if—

(a)

it is made by a registered person to an approved body;

(b)

it is made subject to a condition that the body shall spend the sum paid or any income derived from it or both only in the course or furtherance of its approved objects;

(c)

the requirements of F3paragraphs (2) to (2B) below have been complied with in relation to that payment; and

(d)

it is not repaid to him F4, or a contributing third party, in the same accounting period as that in which it was made.

(F51A)

A payment is not a qualifying contribution if it is an investment contribution.

(2)

A person claiming credit arising under this Part shall make a record containing the following information—

(a)

the amount and date of each payment he has made to an approved body;

(b)

the name and enrolment number of that body;

(F6c)

the name and address of any contributing third party; and

(d)

the amount of the payment made or to be made by the contributing third party and the date, or as the case may require, dates on which payment of the whole or any part of that amount—

(i)

was received, or

(ii)

is expected to be received

(F72A)

A person claiming credit under this Part for a contribution in relation to which there is a contributing third party shall have provided to the regulatory body or, if they are performing the functions specified in regulation 34(1) below, to the Commissioners the following information—

(a)

the name and address of the contributing third party;

(b)

the amount of the payment made or to be made by the contributing third party and the date, or as the case may require, dates on which payment of the whole or any part of that amount—

(i)

was received, or

(ii)

is expected to be received;

(c)

the enrolment number of the approved body to whom the contribution was made.

(2B)

A person claiming credit under this Part for a contribution in relation to which there is a contributing third party shall have informed the approved body to which the contribution is made of the name and address of the contributing third party.

(F83)

For the purposes of this Part where any qualifying contribution or income derived therefrom is transferred to a body as described in regulation 30(2)(d)—

(a)

the body to whom the sum is transferred shall be treated as having received qualifying contributions of the amount concerned; and

(b)

that body shall be treated as having received those qualifying contributions from the registered person or persons who originally paid them (but this shall not give rise to any further entitlement to credit in respect of those contributions).

Annotations

Textual amendments

F1

Regulations disapplied in relation to Scotland (with effect from 1.4.2015) by virtue of Scotland Act 2012 (c. 11), ss. 31, 44(2)(b)(3)(c); S.I. 2015/638, art. 2 (with saving in S.I. 2015/599, arts. 6, 7)

Regulations disapplied in relation to Wales (with effect from 1.4.2018) by virtue of Wales Act 2014 (c. 29), ss. 19, 29(2)(b)(3)(b); S.I. 2018/214, art. 2(b)

F2

Words in reg. 32(1) substituted (1.4.2016) by The Landfill Tax (Amendment) Regulations 2016 (S.I. 2016/376), regs. 1, 6(a) (with reg. 2)

F3

Words in reg. 32(1)(c) substituted (1.1.2000) by The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 5(a)

F4

Words in reg. 32(1)(d) inserted (1.1.2000) by The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 5(b)

F5

Reg. 32(1A) inserted (1.4.2016) by The Landfill Tax (Amendment) Regulations 2016 (S.I. 2016/376), regs. 1, 6(b) (with reg. 2)

F6

Reg. 32(2)(c)(d) inserted (1.1.2000) by The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 5(c)

F7

Reg. 32(2A)(2B) inserted (1.1.2000) by The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 5(d)

F8

Reg. 32(3) substituted (1.1.2000) by The Landfill Tax (Amendment) Regulations 1999 (S.I. 1999/3270), regs. 1, 5(e)

Commencement

I1

Reg. 32 in force at 1.8.1996, see reg. 1

Notes on the whole SI

Textual amendments

F1

Regulations disapplied in relation to Scotland (with effect from 1.4.2015) by virtue of Scotland Act 2012 (c. 11), ss. 31, 44(2)(b)(3)(c); S.I. 2015/638, art. 2 (with saving in S.I. 2015/599, arts. 6, 7)

Regulations disapplied in relation to Wales (with effect from 1.4.2018) by virtue of Wales Act 2014 (c. 29), ss. 19, 29(2)(b)(3)(b); S.I. 2018/214, art. 2(b)