CTG’s Technical Adviser, Graham Elliott, has prepared a new commentary summarising a number of recent VAT cases that will be of interest to charities:

  • The tribunal decision in Queen’s Club (TC06119) concerns partial exemption and will be of interest to charities which make exempt supplies which give rise, downstream, to taxable supplies
  • The Ice Rink Company (TC06117) case relates to supply issues, in respect of charges made for a package of access to a sports facility and hire of necessary equipment to use it
  • The Litton & Thorners Community Centre (TC06101) case concerns the zero rate for an annex built for relevant charitable purposes.

EU Customs Bill White Paper

The Government has published a White Paper setting out its approach to the EU Customs Bill, which was announced during the Queen’s 2017 Speech. It describes how the current customs, VAT, and excise regimes operate for cross-border transactions, why a Bill is necessary and provides some general information on what it will contain.

The White Paper recognises that the UK will need new primary legislation, irrespective of any agreements reached between the UK and EU, to create a standalone customs regime and to amend the VAT and excise regimes so that they can function effectively after the UK has left the EU. As well as providing for the implementation of a negotiated settlement with the EU – which is the stated Government’s preferred outcome – the Bill will also provide for the possibility of no deal being reached with the EU by the end of March 2019. The Government is requesting feedback on the White Paper by 3 November 2017.

A more detailed summary of the White Paper can be read here.

Round-up of topical developments

  • Charity VAT in Ireland: A new VAT refund scheme is to be introduced in Ireland to compensate charities for the VAT they occur on their inputs. The scheme will be introduced in 2019 in respect of VAT expenses incurred in 2018. Charities will be entitled to a refund of a proportion of their VAT costs based on the level of non-public funding they receive. An amount of €5m will be available to the scheme in 2019. Through ECCVAT, CTG has worked closely with the Charities Institute Ireland and while the treatment and scale of the issue is different between Ireland and UK, it is positive that there has been recognition of the burden of irrecoverable VAT on charities.
  • Deadline for using old £1 coins: Members are reminded that from midnight on 15 October 2017, the old £1 coin will lose its legal tender status. HM Treasury and The Royal Mint are calling on people to hunt down any remaining coins and spend, bank or donate them to charity.
  • European VAT updates: The Economic and Financial Affairs Council (ECOFIN) today held a brief discussion on the European Commission’s proposals to achieve a Definitive VAT system.
  • Charity advisers submitting accounts: The Charity Commission has updated its guidance for charities on authorising an adviser to submit accounts on their behalf, in particular, how to notify the Commission of this intention.
  • Charities in Guernsey: Guernsey’s 2018 Budget Report has recommended that the Policy & Resources Committee is directed to establish a social investment commission during 2018, to begin operation from 1 January 2019.  This would include establishing a governance framework and setting out clear conditions for investment and the detailed criteria for the island’s gift aid scheme.