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Spotlight Gift Aid can be a significant additional income stream for charities. Venetia Phipps discusses two new developments in this area, which aim to make the process easier, and potentially increase the amount claimed. Charities Online From 22 April 2013, charities and CASCs have been able to register with HMRC to make repayment claims electronically through a new service called Charities Online. The current Gift Aid R68 paper form will no longer be valid, and will be replaced by three options for making claims: Claim using an online form Claims with up to 1,000 Gift Aid donors can be made by completing and attaching a schedule spreadsheet to the online claim form. Multiple claims can be made throughout the tax year on this form, subject to a daily maximum. Claim through charity or CASC’s own database This is compulsory if you are claiming for more than 1,000 donors in one claim, but optional if you have less. One claim per day can be sent directly from the charity or CASC’s internal database, with details of up to 500,000 Gift Aid donors. Charities and CASCs wishing to use this system will either need to develop their own compatible software package or purchase a suitable package from a software provider. More details on this are available from the HMRC website. Claim using a paper form A new paper repayment claim form ‘ChR1’ will replace all existing R68 claim forms. ChR1 forms can be ordered from HMRC. Old R68 forms or photocopies of the ChR1 will not be accepted because the new system will not be able to scan the information. There will be no limit to the number of claims that can be submitted on the ChR1. Continuation sheets for the form (‘ChR1CS’) can also be requested. How to use the new system? To make Gift Aid repayment claims using Options 1 and 2, charities and CASCs will need to enrol for Charities Online, which went live on 22 April 2013. Gift Aid: Update Working with the Not-for-Profit Sector Spring 2013 CONTENTS 1–2 Gift Aid: Update 3 Client Focus – Standing Voice 4 Legal Update: CASCS Green Deal – Charities may benefit from Cashback scheme 5 Meet the Team: Alexandra Whittaker s
Transcript
Page 1: Spotlight%20Spring%202013

Spotlight

Gift Aid can be a significant additional income stream for

charities. Venetia Phipps discusses two new developments in

this area, which aim to make the process easier, and potentially

increase the amount claimed.

Charities Online From 22 April 2013, charities and CASCs have been able to

register with HMRC to make repayment claims electronically

through a new service called Charities Online. The current Gift

Aid R68 paper form will no longer be valid, and will be replaced

by three options for making claims:

◆◆ Claim using an online form

Claims with up to 1,000 Gift Aid donors can be made by

completing and attaching a schedule spreadsheet to the online

claim form. Multiple claims can be made throughout the tax

year on this form, subject to a daily maximum.

◆◆ Claim through charity or CASC’s own database

This is compulsory if you are claiming for more than 1,000

donors in one claim, but optional if you have less.

One claim per day can be sent directly from the charity or CASC’s

internal database, with details of up to 500,000 Gift Aid donors.

Charities and CASCs wishing to use this system will either need

to develop their own compatible software package or purchase

a suitable package from a software provider. More details on

this are available from the HMRC website.

◆◆ Claim using a paper form

A new paper repayment claim form ‘ChR1’ will replace all existing

R68 claim forms. ChR1 forms can be ordered from HMRC.

Old R68 forms or photocopies of the ChR1 will not be accepted

because the new system will not be able to scan the information.

There will be no limit to the number of claims that can be

submitted on the ChR1. Continuation sheets for the form

(‘ChR1CS’) can also be requested.

How to use the new system? To make Gift Aid repayment claims using Options 1 and 2,

charities and CASCs will need to enrol for Charities Online, which

went live on 22 April 2013.

Gift Aid: Update

Working with the Not-for-Profit Sector Spring 2013

CONTENTS

1–2 Gift Aid: Update

3 Client Focus – Standing Voice 4 Legal Update: CASCS Green Deal – Charities may

benefit from Cashback scheme 5 Meet the Team:

Alexandra Whittaker

s

Page 2: Spotlight%20Spring%202013

Advantages of Charities Online: ◆◆ Faster and more accurate claims

Claiming online is faster, can prevent delays and saves postal

costs. The new service has built-in checks that picks up mistakes,

thus reducing the need for claims to be sent back for correction.

Payments will also be made faster than if claiming using the

old style paper form – HMRC are aiming to pay claims with 15

working days, but hopes it will be quicker for online only claims.

◆◆ Acknowledgement of claim

Charities Online provide reference numbers when a claim has

been submitted successfully and a separate confirmation when

the payment is made into the bank account.

◆◆ Easier Gift Aid records for sponsored events

For claims made using Charities Online, all the donations for

someone taking part in a sponsored event can be put as one

entry. This means individual donors will not need to be listed,

unless there are individual donations of more than £500, which

will have to be accounted for separately.

◆◆ Higher limit for aggregated donations

Gift Aid donations may be aggregated. The current limit of

£500 will be increased and claimants will be able to aggregate

individual Gift Aid donations of £20 or less, up to a total of

£1,000 per entry.

The Small Donations Scheme From 6 April 2013, The Small Charitable Donations Act is in force,

allowing charities to claim a Gift Aid top up payment on small

cash donations, where a declaration has not been received.

The new scheme applies to donations of £20 or less, up to

an annual total of £5,000, allowing a maximum potential

repayment of £1,250 for the charity or CASC.

This is ideal for small cash donations received in collection

boxes, bucket collections and during religious services, but

organisations wishing to take advantage of this scheme must:

◆◆ have been operating for at least 6 years;

◆◆ have made 2 successful Gift Aid claims in the previous 4 years,

without a gap of 2 consecutive years; and

◆◆ make a Gift Aid claim in the same tax year as the small

donations claim.

The scheme will not apply to donations made by individuals who

have completed a Gift Aid declaration form.

The eligibility rules are somewhat complex, and there are

specific rules about claiming for charities that are connected for

tax purposes, and charities that carry out charitable activities in

a community building. However, if you think that you might be

able to benefit from the scheme, you should discuss this further

with your accountant.

Payments under this scheme must be claimed using the

Charities Online service through either, the online form, the

database option or the ChR1 paper claim form, as above.

Contact Us For advice on Gift Aid, please get in touch with your usual Stone

King contact or:

s

Gift Aid: Update – continued

Venetia Phipps

0207 324 1522

[email protected]

Vicki Bowles

01225 326789

[email protected]

Page 3: Spotlight%20Spring%202013

Standing Voice was registered as Charitable Incorporated

Organisation in early 2013. We work to give voice to

marginalised people who endure human rights abuse

because of their social exclusion from society, and advocate

for humanity and respect for all.

Our current project is focused on empowering people with

albinism in Tanzania. Our Director Harry Freeland spent 6

years researching this issue whilst making the internationally

acclaimed documentary film ‘In the Shadow of the Sun’,

which focused on the social exclusion of people with

albinism and planted the seeds for Standing Voice.

Albinism is a genetically inherited condition which results in

a melanin deficiency in the skin, hair and eyes. This results in

varying degrees of visual impairment and pale skin which is

defenceless against the sun’s rays leaving the skin blistered

and sore. Due to their condition, people with albinism in

Africa are one of the most vulnerable groups in the world to

skin cancer - less than 2% of Tanzanians with albinism reach

the age of 40 due to the disease.

Tanzanians with albinism have also traditionally faced

exclusion from communities where witchcraft beliefs

relating to the condition are rife and have recently lead

to murder and mutilation. Since 2007 over 70 people

with albinism have been murdered for their body parts in

Tanzania, and thousands experience neglect of their unique

health needs, most notably the need to be constantly

protected from the sun’s rays.

We have developed a range of initiatives to tackle this

endemic problem, which have been developed into 5 core

projects.

Our education and child sponsorship fund aims to create

leading figures in society with albinism who will speak their

value and humanity to their society. Our campaign against

skin cancer, through dispensing vital supplies of sunscreen

and protective clothing and educating about the disease,

targets the prime threat to people living with the condition

at the point of its inception. Our community education

outreach involves screening ‘In the Shadow of the Sun’ and

holding educational and health focused talks in isolated

areas hostile to people with albinism. In the heart of Lake

Victoria, we are also preparing to start building the Umoja

Community Centre to enhance the community integration

of people with albinism on Ukerewe Island, which is the

epicentre of community stigma. Finally, the emergency

improvement works we will be carrying out in special

government schools, which were established to protect

children with albinism but which have fallen into disrepair,

will provide immediate solutions to the growing crisis.

We believe in change through empowering action. With your

help we can give Tanzanians with albinism the vital tools to

effect social change and improve health standards for those

living with the condition.

To find out more please visit www.standingvoice.org

Client Focus – Standing Voice

“We believe in change through empowering action. With your help we can give Tanzanians with albinism the vital tools to effect social change and improve health standards for those living with the condition.”

Page 4: Spotlight%20Spring%202013

The government had just launched the Green Deal which

provides consumers with a loan for energy saving improvements,

(such as insulation and new boilers) with no upfront cost. The

loan is taken with the Green Deal Finance Company, and paid

back through electricity bills for periods of up to 25 years.

As part of the scheme the Green Deal Cashback is a first-

come, first-served offer where householders in England and

Wales can claim Cashback from Government on energy saving

improvements.

Registered Charities and Community Interest Companies may be

eligible to register with the Green Deal Cashback Administrator

to receive donations from householders who choose to donate

some/all of their Cashback.

In order to participate in the Green Deal Cashback Scheme,

Charities and Community Interest Companies must:

◆◆ Be a registered charity or registered community interest

company

◆◆ Register with the Cashback Administrator

Donations will be paid once the relevant checks are complete

(typically 30 days but this may be longer where Gift Aid applies

as customers will need to submit confirmation they want to give

gift aid after works have been completed).

Only a registered charity or CIC can successfully apply to the

scheme. Organisations funded by a registered charity should

encourage that charity to register with the scheme.

Y o u c a n c o n t a c t t h e C a s h b a c k A d m i n i s t r a t o r a t

email:[email protected] to register with

the scheme.

For more information on anything raised in this article, or on the

Green Deal or other energy efficiency issues please contact Sally

McFadden on 01225 326794 or on email [email protected]

Green Deal – Charities may benefit from Cashback scheme

The government has announced plans to simplify the eligibility

criteria for becoming a CASC (Community Amateur Sports Club).

The full details of the plans will not be released until HMRC

publish their consultation on the proposed new rules, but it is

expected that it will include:

◆◆ A cap on fees (£20/week) unless provision is made for those on

low incomes to participate

◆◆ An update on the rules and limits on income generation from

non-sporting activities

◆◆ More generous rules for travel and limited payments to players

It has also been announced that with immediate effect, clubs

which have junior members without voting rights can be CASCs.

If you are interested in starting a CASC, or would like more

information generally, please contact Darren Hooker on

020 7324 1753 or [email protected]

Legal Update: CASCS

s

Page 5: Spotlight%20Spring%202013

Alexandra studied Oriental Studies:

Egyptology at Cambridge University and

then taught Egyptology at the University

of Arkansas, USA, whilst studying for an

MA in Anthropology/Museum Studies.

She interned at the British Museum and

the Petrie Museum of Egyptian Archaeology before working

with the Egyptian Collection of Bolton Museum and Art Gallery.

She then trained for the law, doing her training contract at

Slaughter and May, where she qualified into corporate finance.

She transferred to Stone King in 2004 to specialise in charity

law, and currently advises a wide range of religious, educational,

cultural and other charities. She has lived all over the UK from

the West Midlands to the Peak District and Greater London, as

well as spending two years in Arkansas, USA. She still enjoys

visiting all kinds of museums in her spare time.

◆◆ Small joy: Bird song in unexpected places.

◆◆ Small irritation: Does anyone actually enjoy ironing?

◆◆ Favourite film: From books to the big screen it has to be Bond!

◆◆ Favourite sport: Really? One for the rest of the team! But

anything well played, as long as they don’t expect me to

remember the rules!

◆◆ Little known fact: Hidden under a rather dusty headscarf,

Alexandra’s picture can seen in a British Museum children’s

book on Ancient Egypt.

Meet the Team: Alexandra Whittaker

s

As part of our commitment to developing

our Energy Management & Carbon

Reduction Team, Sally has qualified as

an Associate Member of the Institute of

Integrated Environmental Management

(AIEMA) – congratulations Sally!

Page 6: Spotlight%20Spring%202013

Your Contacts

The Spotlight deals with some current legal topics. It should not be used as an alternative to specific legal advice on the individual circumstances of a particular problem. Stone King LLP - registered limited liability partnership no OC315280, registered office 13 Queen Square, Bath BA1 2HJ

Charity & Social Enterprise:Michael King Partner Jonathan Burchfield Partner Robert Meakin Partner Ann Phillips Partner Alexandra Whittaker Senior Associate Hannah Kubie Senior Associate Tom Murdoch Senior Associate Reema Mathur Associate Vicki Bowles Barrister Sarah Clune Solicitor Darren Hooker Solicitor

Charity Legacy Team: Jonathan Burchfield Partner Robert Meakin Partner Paul Sutton Partner

Child Protection: Steven Greenwood Partner

Commercial Property: Hugh Pearce Partner Stephanie Howarth Partner Hugo Greer-Walker Partner Andrew Small Partner Catherine Sanderson Senior AssociateJulia Davenport-Cooper Senior Associate Joanne Burton Associate Sally McFadden Associate Tamsin Simmonds AssociateDaisy Barnett Solicitor Chris Sharpe Solicitor Kathryn Williams Solicitor

Corporate & Commercial: Roy Butler Partner Brian Miller Senior AssociateCaroline Leviss Senior Associate

Dispute Resolution: Paul Sutton Partner Antony Pidgeon Associate

Health & Safety: Andrew Banks Partner David Milton Associate Solicitor

Education: Roger Inman Partner Graham Burns Partner Stephen Ravenscroft Partner John Clarke Partner Richard Gold Consultant Geoffrey Davies Consultant Laura Berman Senior Associate Michael Brotherton Senior Associate Lydia Brookes Associate Ciara Campfield Associate Kate Grimley Evans Solicitor Nicola Berry Solicitor Laura Giles Solicitor

Employment: Nick Watson Partner Peter Woodhouse Partner Jean Boyle Associate Tamsin Wilkinson Associate Victoria Blake HR Consultant Paul Tunnicliffe HR Consultant Agie Galea HR Consultant Amy Gordon Solicitor

Housing: Geraldine Winkler Legal Executive

Trusts and Taxation: Andrew Mortimer Partner Alison Allen Partner Rod Smith Partner Charles Hayward Partner Dan Harris Associate Kerry Rogers Associate Rachel Curtis Associate Solicitor Kathryn Layzell Associate Solicitor

Stone King LLP 13 Queen Square Bath BA1 2HJ Tel. 01225 337599 Fax. 01225 335437

16 St John’s Lane London EC1M 4BS Tel. 020 7796 1007 Fax. 020 7796 1017

Wellington House East Road Cambridge CB1 1BH Tel. 01223 451070 Fax. 01223 451100

New Hall Market Place Melksham Wiltshire SN12 6EX Tel. 01225 337599 Fax. 01225 335437

www.stoneking.co.uk email: [email protected] © Stone King LLP 06/2013


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