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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
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