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CTG Newsletter – 13 March 2017

CTG Tax Conference speakers finalised

We are delighted to confirm the speaker list for the CTG Tax Conference on 28 March 2017, including the Minister and several speakers from HMRC and HM Treasury.

  • Financial Secretary to the Treasury, Jane Ellison MP, who has ministerial responsibility for charity taxation, will give the keynote speech.
  • Rebecca Hall, Customer and Stakeholder lead in HMRC’s EU Transition Unit, will outline HMRC’s plans in preparation for Brexit and seek feedback from the sector on possible threats and opportunities to charities.
  • Geraldine Beazley, from HMRC‘s Making Tax Digital team will outline the implications of the new reporting requirements for charities and trading subsidiaries.
  • Steve Carroll, HMRC Charities Outreach Team, will provide an update on Gift Aid and online fundraising processes while Alan Causer, Head of Operational Compliance in HMRC Charities team will review common errors in Gift Aid claims and other queries to the HMRC helpline.
  • Daniel Pease, Senior Policy Adviser, HM Treasury Charities TeamDavid Warrellow, Fiscal Services Manager, National Trust; and Gillian McKay, Head of Charity and Voluntary Sector, ICAEW, will review recent Gift Aid policy developments (including GASDS, intermediaries and donor benefits)
  • Graham Elliott, CTG’s Technical Adviser, will review topical VAT legislative, policy and case law developments.
  • John Hemming, CTG Chairman and Head of Tax, Wellcome Trust; Karen Atkinson, Head of Charity & Social Investment Finance, City of London Corporation; and Justin Bevan, Gift Aid and Tax Manager, Oxfam, will review other topical tax developments including Business Rates, Apprenticeship Levy, IPT, Fit and Proper Person test, Common Reporting Standard, Off-payroll working, and the planned employer provided living accommodation consultation.

This event has now reached capacity, but if you would like to be added to a waiting list, please contact info@charitytaxgroup.org.uk and we will be in touch if a space becomes available.

If you have a question for the Minister or any of the other speakers, please let us know.

A full note of the meeting including any presentation slides, will be circulated to members after the Conference.

HMRC updates fit and proper persons declaration and guidance for charity managers

HMRC has updated the ‘fit and proper persons’ declaration and helpsheet for managers of charities and Community Amateur Sports Clubs claiming tax relief to clarify that anyone involved in a disputed tax avoidance scheme could be caught by the rules. CTG was involved in the review of the declaration and also the detailed guidance on the fit and proper persons test, which has also recently been updated.

HMRC officials have confirmed to CTG that charity managers that have signed the old declaration do not need to submit an updated declaration only new managers.

The new guidance gives a useful and helpful overview of the distinction between tax avoidance and tax planning. This is helpful as we previously had concerns that this could have inadvertently have caught tax advisers that are charity managers on a voluntary basis and were not clear on their obligations and eligibility.

CTG meeting in Leeds (4 May 2017)

CTG, in partnership with Wrigleys Solicitors, will be running a topical charity tax updates session for charities in Leeds, on the afternoon of 4 May 2017. CTG’s Chairman and Technical Adviser will be giving a presentation on a range of topical developments and there will also be an opportunity for a Q&A. You can register for this free event here.

£300m discretionary rates relief fund

The Chancellor announced in the 2017 Budget Statement that Local Authorities in England would be given a £300m fund over the next four years to support those businesses that face the steepest increases in their business rates bills as a result of the revaluation. DCLG has now opened a consultation looking for views on the operation of discretionary relief schemes. Responses should be sent in via email before 7 April 2017. Treasury officials have confirmed to CTG that charities are not excluded from this relief, although in practice they will be competing with other rates payers and local authorities may look to support those organisations with no existing relief at all.

CJEU case on VAT and e-books

In Rzecznik Praw Obywatelskich (C-390/15) the CJEU was asked whether the difference in taxation between digital and printed publications was compatible with the principle of equal treatment and whether the European Parliament was sufficiently involved in the legislative procedure. The Court found that the exclusion of digital books, newspapers and periodicals from the application of a reduced rate of VAT where they are supplied electronically is not contrary to the principle of equal treatment.

Probate fees

A parliamentary petition has been launched calling on the Government to reconsider the decision to increase probate fees, which may be of interest to CTG members that benefit from legacy income.

“To reconsider the proposed significant and unreasonable increase in probate fees. The current fee for all estates is £155. The change mean fees on 42% of estates will increase by 2 to 129 times, payable even if the estate passes to spouse or charity. There is no difference in the amount of work to issue a Grant for £100k or £800k and yet the fees will be £3,700 more.”

CTG Observer Member, Nicola Evans (Bircham Dyson Bell) wrote an article outlining her concerns in Third Sector recently.

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