Gift Aid tax reclaims - alarm over new restriction

By Kevin Russell | 20 April 2010

This rather imprecise announcement from HM Revenue and Customs has troubled some of our clients evidenced by the number of enquiries we have received from readers of our popular Budget Bulletin (for more detail, see our Budget 2010 Briefing Paper). In response, I hope that I can remove many of the fears currently being expressed.

HMRC have not settled on the precise parameters of their proposed restrictions and will be informally consulting with Stewardship (and a few other representatives in the charity sector) on what they regard as unacceptable in terms of size and frequency. They have been told that the cash flow of small charities needs to be protected and they are mindful of this. So far as I understand it, their real problem is with trivial claims that are completely uneconomical to process. For example, it seems that some charities submit claims every few days for just a few donations!

So, I am optimistic at this stage that the reforms will be sensible and practical. If your church or charity makes claims for (say) £1,000 at a time, I don’t expect there to be any problem. The worst case scenario that I can foresee is a restriction to quarterly claims. Even then, I doubt that charities claiming large amounts on a regular basis will be restricted in this way.

Posted by Kevin Russell

Our Legal Eagle guru and Stewardship's Technical Director, Kevin constantly has his finger on the pulse of all things tax and charity law-related. His briefing papers for charities, churches and individuals are an invaluable resource on everything from VAT to Gift Aid. 

He is a chartered accountant and was previously a tax consultant with Price Waterhouse. Recognised as a leading authority on charity law, tax and finance in the Christian sector, Kevin is an accomplished conference speaker and a key liaison with regulators, such as the Charity Commission, HMRC and the Treasury, as well as with Government, speaking on behalf of the Christian sector. He is also Vice Chairman of the Charity Tax Group.

Kevin is married to Carol and they have three adult children. He is a member of Edmonton Baptist Church in North London.

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