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©Whitehead Monckton 2012 Legislation & Case Law Update Gail Hall October 2012
©Whitehead Monckton Finance Bill 2012 Income tax: cap on relief if more than £50,000 or 25% of income lifted after protest. ( ) Inheritance tax: reduced rate if 10% of net estate going to charity; (post deaths) 2
©Whitehead Monckton Gift Aid Small Donations Scheme (GASDS) Gift aid style repayment (capped at £5,000pa) on small donations without GA declarations from donors
©Whitehead Monckton GASDS cont. Max donation increased from £10 to £20 in 2012 Budget; Bill in 2013; Complex – HMRC registered for GA; submitted GA claim in 3 out of 7 years with no more than 2 year gap; limit on claims with GA claims. 4
©Whitehead Monckton VAT – ouch! Removal of zero rating of approved alterations to listed buildings; transitional arrangements to protect contracts pre
©Whitehead Monckton Cultural Gifts Scheme Reduction of income tax & CGT for making gifts of pre-eminent objects/works of art to the nation. 6
©Whitehead Monckton More VAT – EU cost sharing exemption For certain services supplied within CSGs where the members carry out exempt or non business activities; Help to charities, education providers, social housing providers, health & welfare organisations. 7
9 Helena Partnerships Not able to claim £6m corporation tax relief on rents as purposes NOT exclusively charitable. Court of Appeal dismissed appeal; operations NOT for primary benefit of the community. 9
©Whitehead Monckton ©Whitehead Monckton 2012 Young and another v HM AG  EWHC 3782 (Ch) Pension issue. Collection has to be sold to plug pension hole. 10
©Whitehead Monckton ©Whitehead Monckton
©Whitehead Monckton ©Whitehead Monckton 2012 Berry & Anthr v IBS-STL (UK) Gift of residuary estate to 6 named charities; 1 charity’s assets transferred to corporate successor charity which then went into insolvent liquidation. Will seen as giving execs unfettered discretion to distribute share of estate 12
©Whitehead Monckton ©Whitehead Monckton 2012 Phillips v RSPB  EXHC (Ch) Gift in will to named charitable company effective at date of testatrix’s death. 13
©Whitehead Monckton ©Whitehead Monckton 2012 Aliss & another v CC and others CC scheme to merge 2 independent schools: controversial; cy pres applied. Disgruntled parents appealed against the scheme; Tribunal held that the scheme created unnecessary risk re the charitable property. Mergers can be unpicked… 14
©Whitehead Monckton ©Whitehead Monckton 2012 Uturn UK CIC v CC All of an organisation’s purposes MUST be EXCLUSIVELY charitable for it to be a charity. 1 of the objects was to advance citizenship & community development via street associations. 15
©Whitehead Monckton ©Whitehead Monckton 2012 Wirral Independent Recycling Enterprise Ltd V HMRC Not for profit furniture recycling business was not established for exclusively charitable purposes so not entitled to claim VAT zero- rating on sale of donated goods. Get registered with the CC if you want to embark on significant taxable activities. 16
©Whitehead Monckton ©Whitehead Monckton 2012 Contact Gail Hall
©Whitehead Monckton Agency workers and self- employed contractors – when casual workers can become anything but Neil.
©Whitehead Monckton 2012 Property Issues for Trustees Jonathan Stallard October 2012.
©Whitehead Monckton 2012 A Practical Overview of the Rationale and Process of Joint Ventures Janet Goode and Dan Tozer October.
Legal Structures for Social Enterprise Nicola Dickins Make it Happen Consultancy.
Tax, VAT & Working With Corporates Bill Lewis 6 December 2011.
WEEK 1 You have 10 seconds to name…
© Lolade Ososami1 AN OVERVIEW OF COLLECTIVE INVESTMENT VEHICLES UNDER THE NIGERIAN INVESTMENT LAWS Lolade Ososami Abraham & Co.
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GIBRALTAR PHILANTHROPY FORUM TAX AND LEGAL ISSUES RELATING TO INTERNATIONAL GIVING OWEN CLUTTON 19 NOVEMBER 2013.
Partnerships: A review of two aspects of the tax rules Consultation open meeting 21 June 2013.
©Whitehead Monckton 2012 Corporate Social Responsibility Case study Kerin Speedie, Partner Whitehead Monckton Louise Wright,
Council Tax Support Scheme Mark Ransom Assessment Manager.
INDIVIDUAL TAX ISSUES What Will Affect Your Return in 2014 Updated Nov. 15, 2013.
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DIOCESE OF SHEFFIELD CHURCH FINANCE UPDATE 30 September 2013 © Association of Church Accountants & Treasurers.
1 ESC-Dijon- Pole Finance – EU Tax – A. Ashta 1 EU Taxation 4. Parent-Subsidiary Directive Arvind Ashta ESC Dijon: Pole Finance.
CASCs and Charities – What do NGBs need to know? 25 March 2013 Thea Longley and Augustus Della-Porta.
©Whitehead Monckton Agency Workers Regulations 2010 Neil Emery October
©Whitehead Monckton Legal implications of the Hoo issue What is different now Vicky Stoodley October
Chapter Fourteen Partnerships: Formation and Operation McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved.
Goods and Services Tax Introduction to Import GST Deferment Scheme (IGDS)
CORPORATE FUNDRAISING, GIFT AID AND FUNDRAISING EVENTS VAT & TAX RULES Speaker: Bill Lewis 2 June 2010.
1 of 16 Estate Planning Using Life Insurance July 2013 VLCM-OC-239A Presented by.
OLA 1711 T 1008 Your Guide to Gift and Estate Planning for Non-U.S. Citizens.
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2010 RR Donnelley SEC Hot Topics 2010 Proxy Season Year in Review September 14, 2010 Presenter: Thomas A. Germinario Senior Vice President D. F. King &
©Whitehead Monckton 2012 Secured Borrowing for Charities Janet Goode Partner Head of Commercial October 2012.
Doing business in Oman April April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►
| Australian Charities and Not-for-profits Commission (ACNC) Nick Karagiannis, Partner
1 Friends Life Protection Account Business Protection Types of Businesses and their Needs 01/06/20141 This item is directed at professional advisers only.
Effectively applying ISO9001:2000 clauses 6 and 7. Version K.10.1-UK Oct 03 The High Performance Organisation Ltd ISO9001:2000 Clause 6 and 7 workshop.
Small Business Tax Saving Strategies for the 2013 Filing Season.
©Whitehead Monckton 2012 How Mediation Can Benefit Charities Chris Longden October
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What do you know about Government?. 1. How is population counted in the U.S.? Census.
Integrity, Innovation, Inspiration. What is CASC? Is it right for us? How to apply for it Community Amateur Sports Clubs (CASC) SEMINAR OUTCOMES.
An overview for charities and social enterprises Social investment tax relief.
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Planning for Chronic Illness 1 Planning for Chronic Illness Estate, tax, financial, insurance, legal and other practical planning considerations for those.
Wisconsin Long-Term Care Insurance Partnership Program WI Medicaid Training Wisconsin Long-Term Care Insurance Partnership Program WI Medicaid Training.
Legal Problems for Heropreneurs: Taxation Issues James Rivett Pump Court Tax Chambers Monday 15 October 2012.
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