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December 4, 2018
The charitable sector has undergone a significant number of changes over recent months, including the introduction of the new Charitable Incorporated Organisation (CIO) structure and the implementation of the Gift Aid Small Donations Scheme.
This factsheet provides an update on some of the recent developments most likely to affect charities and other not-for-profit organisations.
Following concerns over the personal financial risks faced by charity trustees, a new legal structure has been introduced exclusively for charities. The new CIO offers a number of the benefits of being a company, whilst removing many of the ‘onerous’ reporting and compliance requirements often imposed on charitable companies.
There are two model constitutions as set out by the Charity Commission:
There are both advantages and disadvantages to the new CIO structure, so it is important to seek professional advice to ascertain whether it will suit your needs. Consider the following:
However, the CIO structure may not be beneficial for all charities, and there are a few drawbacks to consider:
Note that the CIO rules apply to charities in England and Wales. Different legislation applies to charities in Scotland and Northern Ireland.
The CIO structure is being phased in and applications for existing unincorporated charities wishing to transfer all of their activities, assets and liabilities into a CIO will be made available in line with the timetable set out overleaf.
|Existing unincorporated charities with annual incomes over £250,000||1 March 2013|
|Existing unincorporated charities with annual incomes from £100,000 to £250,000||1 May 2013|
|Existing unincorporated charities with annual incomes from £25,000 to £100,000||1 July 2013|
|Existing unincorporated charities with annual incomes from £5,000 to £25,000||1 October 2013|
|Existing unincorporated or new charities with an annual income of under £5,000||1 January 2014|
If you are considering a CIO structure, you are advised to check the Charity Commission’s website for any updates to the above timetable.
Existing charitable companies and community interest companies are unlikely to be able to convert to CIO status until at least 2014.
While many charities may wish to convert to a CIO, the process can be complex and trustees and members should ensure that they fully understand the implications before doing so. Please contact us to discuss whether a CIO is the most appropriate structure for your charity.
Charities and Community Amateur Sports Clubs (CASCs) may be able to claim top-up payments from HMRC on small cash donations under the Gift Aid Small Donations Scheme (GASDS). For the purposes of the scheme, a small donation is defined as £20 or less.
Introduced from 6 April 2013, the GASDS may allow the charity to recover tax although no Gift Aid declaration has been made. Unlike Gift Aid, the scheme applies regardless of whether the donor is a UK taxpayer, although the donation must be collected in the UK. However, the new scheme only applies to donations made in cash, making it particularly pertinent to those who operate collection boxes or bucket collections. Cheques and bank transfers are not eligible under the GASDS.
To qualify for the GASDS, the organisation must:
Qualifying organisations can claim a top-up payment worth up to £1,250 on the lower of two amounts:
Higher and additional rate taxpayers will not be able to claim tax relief on their donations.
HMRC has introduced new rules and guidance for charity shops obtaining Gift Aid on the sale of donated goods. In an effort to simplify the rules, individuals donating goods to charity shops can now make a one-off Gift Aid declaration covering sales of items worth up to £1,000 a year.
Previously, a charity needed to write to a donor to inform them regarding the proceeds from each sale. However, the new process allows donors to authorise gifts of up to £1,000 of sales proceeds (for goods sold by a trading subsidiary of the charity) without the shop needing to contact the supporter.
Where the goods are sold by a charity operating the shop directly, up to £100 of sale proceeds can be authorised for Gift Aid.
HMRC has published a range of template letters for charity shops to use where sale proceeds exceed the relevant amounts. For further information visit: www.hmrc.gov.uk/charities/guidance-notes/chapter3/sectionf.htm#gg
Charities Online is a new service, introduced by HMRC, which allows Gift Aid repayments to be claimed online. It is hoped that the system, which came into effect on 22 April 2013, will speed up and simplify the process of making a repayment claim, saving valuable time for charities and CASCs.
The new service has replaced the R68(i) print and post repayment form, which becomes obsolete on 1 October 2013.
There are now three new options for making claims. Option one will be for charities that file Gift Aid claims for fewer than 1,000 donations. Option two is for larger charities that make claims for over 1,000 donors, while option three applies to those few charities that do not have the internet and involves completing a ChR1 paper form.
It is thought that online claims will normally be paid within three working days, compared to the 26 days it can take after filling in an R68(i) form. Errors in the process will be detected by built-in checks before the form is sent.
Further reforms to make it easier for charities to claim tax relief on digital donations are currently under consultation.
There are many complex accounting and reporting requirements governing charities and not-for-profit organisations. Whatever the nature of your organisation, we can help you to meet its objectives. Please contact Anthony Josephs for more information.
October 16, 2018