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A guide to third sector trading - WCVA

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It’s an idea, but is it business? A <strong>guide</strong> <strong>to</strong> <strong>third</strong> sec<strong>to</strong>r <strong>trading</strong><br />

1: Getting<br />

started<br />

2: First steps 3: Business<br />

planning<br />

4: Legal and<br />

governance<br />

5: Funding<br />

and<br />

resourcing<br />

6: Financial<br />

controls<br />

7: Managing<br />

growth<br />

8: Management<br />

and<br />

governance<br />

9: Social<br />

enterprise<br />

10: Sources<br />

of support<br />

7.6 Using Gift Aid<br />

How Gift Aid works for companies:<br />

The Gift Aid concept: When a donation of money is made by a<br />

company <strong>to</strong> a charity under the Gift Aid Scheme its taxable profits<br />

are reduced by the same amount, and the charity is au<strong>to</strong>matically<br />

exempt from paying tax on the donation. This is a clear incentive<br />

for giving money <strong>to</strong> charity, which works just as well for gifts by<br />

individuals. And when the donation is made by a charity’s own<br />

subsidiary <strong>trading</strong> organisation or a <strong>trading</strong> partner it becomes a<br />

way for charities <strong>to</strong> carry out almost any form of trade without the<br />

obligation <strong>to</strong> pay corporation tax on profits.<br />

The basic arrangements: The following arrangements apply <strong>to</strong><br />

company donations <strong>to</strong> charities since 2000.<br />

• Companies (and unincorporated associations) can claim tax<br />

relief for qualifying donations <strong>to</strong> UK charities. Generally, relief for<br />

Gift Aid donations is available in the accounting period during<br />

which the donation is made, but there are special rules for<br />

companies wholly owned by charities.<br />

• Gift Aid donations made <strong>to</strong> UK charities by companies are paid<br />

gross (inclusive of any tax they would otherwise have paid).<br />

The donation is treated by the charity as an annual payment for<br />

which an exemption from tax can be claimed.<br />

• If a company deducts tax from a donation incorrectly, the<br />

charity cannot reclaim the tax but must recover any shortfall<br />

from the donor.<br />

• Charities receiving Gift Aid donations from companies should<br />

keep normal accounting records of donations received, for<br />

inclusion in their accounts and tax return, as annual payments.<br />

• For further information check with HM Revenue and Cus<strong>to</strong>ms<br />

(www.hmrc.gov.uk/charities/guidance-notes)<br />

General tax treatment of companies making Gift Aid donations:<br />

• When a company makes a qualifying donation <strong>to</strong> a charity it can<br />

make a claim in its corporation tax self assessment (CTSA) return<br />

<strong>to</strong> set the amount of the donation against its taxable profits.<br />

• Charitable donations cannot be used <strong>to</strong> manipulate a company’s<br />

<strong>trading</strong> losses, so there is no tax advantage in making a<br />

donation which is greater than the taxable profit.<br />

• The donor company should keep normal accounting records<br />

of its donations including documentation <strong>to</strong> show the charity<br />

received it.<br />

199

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