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CheckLists.Tax (beta)
J3. Loan by charity
GIFT AID
GIFT AID
- Loan to donor/connected person as associated benefit/associated acquisition of property
- In Harvey, a loan to the donor's company was an associated benefit and an associated acquisition of property (the property being the debt).
Legislation:
Cases:
Harvey v. HMRC [2024] UKFTT 1098 (TC), Judge Rudolf KC;
HMRC manuals:
Commentary:
See also:
- Loan to donor/connected person as associated benefit/associated acquisition of property
- Tainting of donations where loan provided to donor/connected person
- A loan is financial assistance, even if on arm's length terms.
- If a donation and financial assistance are interdependent, the benefit of the reliefs for donations will be denied/clawed back.
- See J1. Gift to charity.
- Tainting of donations where loan provided to donor/connected person
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