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CTG Regional Meeting Mills & Reeve, Cambridge 26 October 2016 The voice of charities on Tax
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Charity Tax Group Established in 1982 to make representations to Government on charity taxation Over 500 members of all sizes representing all types of charitable activity Leading voice for the sector on this issue www.charitytaxgroup.org.uk www.charitytaxgroup.org.uk The voice of charities on Tax
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Charity Tax issues Graham Elliott – Tax Advisor 26 October 2016 The voice of charities on Tax
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Implications of Brexit Position until we leave Likely outcomes that impact on charities Impact of Great Repeal Act Existing referrals to CJEU Future of Case Law The voice of charities on Tax
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Brexit as Opportunity Possible extension of existing charity reliefs (e.g. buildings, disabled, marketing spend) Possible omnibus reduced rate for charity purchases Seeking broader charity de-regulation for direct tax in drive for simplification The voice of charities on Tax
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Brexit Threats At-risk exemptions Harsher input tax environment (cost component?) Need for higher tax revenues may see abolition of higher rate gift aid relief Possible reduction of general gift aid’s application to certain charities that serve well off The voice of charities on Tax
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Longridge on the Thames ‘Yarburgh’ history ‘Fisher Tests’ Finland CJEU decision Court of Appeal decision End of ‘Predominant Concern’ The voice of charities on Tax
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Gemeente Borsele Possible basis for low value charges being non-business Mixed with element of means testing Only related to public bodies? How small do you have to be? The voice of charities on Tax
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Village Hall VAT relief Caithness Rugby Football Club New Deer Community Association The voice of charities on Tax
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VAT and Mailing Packs What has been the outcome in practical terms? The voice of charities on Tax
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Other VAT issues Update on agency staff Printed material provided to donors (FotE case) Latest changes to S33A Issues relating to Hospices The voice of charities on Tax
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Gift Aid Donor Benefits Consultation Benefit costs deduction model Split payment model Change to existing benefit limits (e.g. one or two thresholds) Extension of ‘disregards’, perhaps with a specific value such as £3 The voice of charities on Tax
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Donor Benefits – What hasn’t been addressed? Issue of ‘in consequence’ and its interpretation Split payments requirement for specific benefits to be offered The VAT piece Rational model of valuation The voice of charities on Tax
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Gift Aid Small Donations Scheme Small Donations Bill has made its way through the HoC Bill relaxes eligibility, gets rid of Gift Aid history requirements to increase take-up Matching rule maintained Contactless donations to be included in scope Community buildings rules changed to include donations within a Local Authority The voice of charities on Tax
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Gift Aid practical issues Working Group Meets quarterly under Chatham House rules Representatives responsible for Gift Aid in some 20 charities Open discussion on all Gift Aid-related issues Sharing of best practice The voice of charities on Tax
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Apprenticeship Levy Set to enter into force from April 2017, Levy charged at 0.5% of paybill £15,000 annual allowance means paybills over £3m caught Connected charities able to allocate their allowance amongst them before relevant tax year Levy payments enter a digital account, receive 10% Government top- up, can be spent on training 18 months to spend funds, after which they are re-allocated (though still to be used on apprenticeships) The voice of charities on Tax
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Apprenticeship Levy – concerns Lack of time to prepare – CTG calling for delay Lack of structure to provide apprenticeships in charity sector – CTG calling for inclusion of volunteer training/expenses Unspent funds to be re-allocated away from “charitable purpose” – CTG calling for ability to direct funds towards specific alternative charity The voice of charities on Tax
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Apprenticeship Levy – next steps Government clear that digital providers will be ready Further guidance expected before end of 2016 CTG keen to continue receiving feedback on cost of Levy on charities – if possible including clear figures The voice of charities on Tax
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Common Reporting Standard CRS now implemented into UK law – unlike FATCA, no blanket charity exemption “Financial Institutions” will have reporting requirements Charity is an FI if managed by an FI, and having 50% of gross income from investing or trading in financial assets First reporting deadline: April 2017 – reporting requirements begin from April 2016 The voice of charities on Tax
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Other issues Making Tax Digital agenda Gift Aid Intermediaries Business rates review – Scotland and NI Museum tax relief The voice of charities on Tax
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