This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Loan by charity to a company was not a qualifying investment

By Mark McLaughlin, December 2020

A loan by a charity to a donor company of which a director was also a trustee of the charity was not an approved charitable investment for tax purposes.  

Summary 

A loan by a charity to a donor company of which a director was also a trustee of the charity was not an approved charitable investment for tax purposes (within ITA 2007, s 558, Type 12). 

Background 

The appellant (RMF) was registered as a charity. RMF had two trustees, one of whom (JP) was director of a company (G), a wholly-owned subsidiary of another company (BH), which was in the business of providing short term bridging finance for property development. 

G made several donations to RMF during the periods under consideration. By a contract dated 10 March 2006, RMF made a loan facility available

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Appeal in connection with top slicing relief calculation struck out for lack of jurisdiction
By Mark McLaughlin, May 2025
Share issue was subject to disqualifying arrangements
By Mark McLaughlin, March 2025
Case remitted for First-tier Tribunal to decide whether referees were engaged under contracts of employment
By Mark McLaughlin, November 2024
Tribunal did not have jurisdiction to consider late claim for EIS relief
By Mark McLaughlin, September 2024
Fish and chip shop owner overclaimed a deduction for purchases
By Mark McLaughlin, February 2021