Help 1 sheet What is Gift Aid? Gift Aid is a simple way for your charity to increase the value of gifts of money received from UK taxpayers. How does Gift Aid work? When a UK taxpayer gives a gift of money to a charity, they have already paid tax on that money. Because charities are generally exempt from tax, they can claim an amount from HMRC equal to the tax paid on that money by the donor. This repayment from HM Revenue & Customs (HMRC) is known as Gift Aid. How much is Gift Aid worth to my charity? By asking donors for permission to reclaim the tax that they have paid on their donation, you can increase the value of donations to your charity by one quarter. The basic rate of tax has changed. Does this affect Gift Aid repayments to my charity? Until 5 April 2008 the basic rate of Income Tax was 22%. This meant that for every £1 qualifying donation received, your charity could claim repayment of 28 pence. From 6 April 2008 the basic rate of Income Tax is 20%. This means that for every £1 qualifying donation received, your charity can claim repayment of 25 pence. HMRC will automatically pay charities an extra 3 pence for every £1 Gift Aid donation received between 6 April 2008 and 5 April 2011. This is called ‘transitional relief’ and was provided by Government so that charities had time to adjust to the 2% reduction in basic rate tax – for three years they continue to receive the same amount (28 pence) for each £1 donation as they did until 5 April 2008. There is no need to claim this extra 3 pence – your claim must be for 25 pence but you will automatically receive 28 pence. Find out more abut the time limits for claiming Gift Aid in Help Sheet 11. Toolkit tip: Claiming online is faster, can prevent delays and save postal costs. The new service will have built-in checks that will tell you about mistakes before you submit your claim, reducing the need for claims to be sent back to you to be corrected. Why are Gift Aid declarations important? It’s important that HMRC can verify the connection between your tax repayment claim and the tax paid by the donor. In other words, every claim must be supported by a Gift Aid declaration that shows who paid the tax in the first place. Find out more about Gift Aid declarations in Help sheet 2 – What is a Gift Aid declaration? Help 2 sheet What is a Gift Aid declaration? A Gift Aid declaration is a statement by a UK taxpayer asking for their donations to be treated as Gift Aid payments, so that the tax they have paid on the amount donated can be claimed back by the charity receiving the donation. HMRC needs to be able to identify the donor from the declaration they make, to check that they have paid enough tax to cover the amount you are claiming in their name. The tax warning to donors When you ask donors to make Gift Aid declarations, you must explain to them that they have to pay, or have paid, an amount of UK Income Tax or Capital Gains Tax that is at least equal to the amount of tax that you, and all other charities and Community Amateur Sports Clubs to whom the donor makes a donation, are going to claim on their donations. • the proper name of your charity • the name of the donor, with surname and initials as a minimum • the home address of the donor, with house number/name and postcode as a minimum • the donations that the declaration relates to. The tax can be paid on income, savings and investments (including tax credits on UK dividends) or capital gains. If your claim is more than the tax paid by the donor they will have to pay the difference to HM Revenue & Customs (HMRC). Usually the donor must have paid tax for the same tax year that the donation was made, 6 April to 5 April. In some circumstances the donor can elect to have their donation treated as being paid in the year before you actually receive it. In this case the donor must have paid enough tax in the earlier year to cover your claim. This does not affect you, as your claim will still be for the year when you receive the donation. Toolkit tip: The model declarations included in this toolkit have the tax warning printed on them to make things easy for you. If you want to use your own declarations, you should include the tax warning on them so that you can show that you have given the warning to your Gift Aid donors – see Help sheet 12. A Gift Aid declaration therefore needs to show: How can I produce declarations for donors? There are different types of declaration: • a paper declaration using the model form, or something similar • a declaration incorporated into a membership application • a declaration included in a sponsorship form – see Help sheet 8 • a declaration printed on a collection envelope • a declaration on a website where the donor’s details are automatically recorded on a database • a verbal declaration – this usually requires the charity to send written confirmation of the declaration to the donor. Don’t forget to keep each donor’s Gift Aid declarations for the longer of six years from the end of the claim period that includes their last donation or 12 months after you claim for their last donation. If you have a lot of enduring declarations, that is, declarations that cover future donations, you may want to scan them and store them electronically. See Help sheet 5 for more information. If before January 2012 you followed previous guidance and destroyed records between 4 and 6 years old you will not be penalised. However if you have kept your records from that period you must continue to keep them as you may be penalised if you destroy records which you are required to keep. Find out more about Gift Aid declarations on the HMRC website Help 3 sheet What can I claim Gift Aid on? You can claim Gift Aid on gifts of money from individuals. •A gift of money is a voluntary donation for which the donor receives little or no benefit or reward (see Help sheet 4). •Money can take the form of cash, cheques, direct debit or standing order payments, credit or debit card payments, telegraphic transfers or postal orders. Additionally, some payments to charities are treated as donations for Gift Aid even though they are not strictly defined as gifts. Please read the detailed guidance ‘Gift Aid rules in specific situations’ on the HMRC website if you are considering claiming Gift Aid on any of the following: •Membership subscriptions paid to charities are treated as donations as long as the payment is for membership only and does not give the donor personal use of the charity’s facilities or services. This rule only applies to charities; CASCs cannot claim Gift Aid on membership subscriptions. •Admission charges to view a charity’s property can be treated as donations if the payment gives the donor and their family annual admission to view the property, or if a donation of at least 10% more than the standard cost of admission is made. •Charity auctions often encourage people to pay more for an item than it is worth, in order to support the charity. These payments may be treated as donations under certain circumstances. If you are thinking of holding a charity auction, please look at the detailed guidance before you start. What else can I claim Gift Aid on? Gift Aid can apply in other situations if the correct procedures are followed carefully. Again, please read the detailed guidance ‘Gift Aid rules in specific situations’ on the HMRC website if you are considering claiming Gift Aid for any of the following: •Sale of goods on behalf of an individual Because Gift Aid applies to gifts of money, a donation of goods to a charity is not a Gift Aid donation. However, it is possible for the charity or charity shop to offer to sell the donated items for the donor, who may then choose to give the cash proceeds of the sale to the charity using Gift Aid. •Volunteer expenses If a person incurs expenses while doing voluntary work for a charity but does not claim them back, this is not a gift of money and so Gift Aid cannot apply. However, if a charity’s volunteers are paid expenses, and are free to keep the money or make a gift to the charity, they can use Gift Aid on that gift. •Adventure fundraising events Participants in these events usually pay a deposit and are asked to raise a minimum amount for the charity through sponsorship. Because taking part in the adventure is a benefit to the person taking part, there are restrictions on the sponsorship donations that qualify for Gift Aid. For more information see Help sheet 8. What donations do not qualify for Gift Aid? Charities cannot claim Gift Aid on donations from companies, charity vouchers, donations received through Payroll Giving, gifts of shares, gifts in kind or payments for goods or services. Find out more about whether the donation you have received qualifies for Gift Aid on the HMRC website. Help 4 sheet What is a benefit for Gift Aid purposes? Your charity may want to thank a donor in some way, and this is a benefit. A benefit is anything that is given to the donor, or a person connected to the donor – called a ‘connected person’ – in return for a donation, for example, a ticket to an event, a copy of the charity’s magazine, a pen or a badge. A benefit does not have to come directly from your charity. Benefits for Gift Aid purposes also include items provided to donors by third parties, for example, if a donation to your charity entitles the donor to a free meal when they visit a local restaurant, this is treated as a benefit. What are the benefit rules? As long as the benefit doesn’t exceed certain limits, the donation will qualify for Gift Aid. If the benefit exceeds these limits, the donation won’t qualify for Gift Aid. The current limits for benefits to a donor or ‘connected person’ are shown in the table below. Benefit limits for donations Amount of donation Maximum value of benefits £0 - £100 25% of the donation £101 - £1,000 £25 £1,001 + Made between 6 April 2007 and 5 April 2011 5% of the donation (up to a maximum of £500) Made on or after 6 April 2011 5% of the donation (up to a maximum of £2,500) What benefits are treated as having no value for Gift Aid? ‘No value’ benefits include newsletters and magazines that describe the work of the charity, priority booking arrangements and small items of negligible value such as stickers, pins and badges. If your charity doesn’t give anything back to donors or provides only small tokens of appreciation, it is unlikely that you will need to consider the benefit rules in detail. Find out more about providing benefits in return for donations on the HMRC website. What is a ‘connected person’? A person is connected with a donor if that person is: •the donor’s wife, husband or civil partner •a relative of the donor •the wife, husband or civil partner of a relative •a company under the control of the donor or any connected persons. Relatives include brothers, sisters, sons, daughters, parents, grandparents, grandchildren, step-children, step-grandchildren, step-parents and step-grandparents, but not nephews, nieces, uncles, aunts or cousins. Help 5 sheet Do I need to keep records of Gift Aid donations? Yes. Your charity or Community Amateur Sports Club (CASC) needs to keep records that detail all the donations included in your claim. The records should always include: •the amount of each donation; •the name, address and postcode of the donor; •when the donation was made; and •a Gift Aid declaration from the donor. Charities and CASCs should also keep good records of all their income and expenditure, to help them produce accounts at the end of the year. These records will probably include such items as paper or computer ledgers, bank statements, correspondence and invoices. How long do I need to keep Gift Aid records? Keep your Gift Aid records in an accessible format for 6 years after the end of the year or accounting period to which the claim relates. For example: •A charitable company or CASC should keep records for the year ended 31 December 2007 until 31 December 2013. •A charitable trust should keep records for the tax year ended 5 April 2008 until 5 April 2014. For information about charitable trusts and charitable companies, see Help sheet 6. How long do I need to keep Gift Aid declarations? Gift Aid declarations are part of your Gift Aid records and should be kept for 6 years after the end of the year or accounting period that includes the last donation to which they relate, or at least 12 months after you claim for the last donation to which the declaration relates if this is later. If you have declarations that include donations to be made in the future, you may have to keep these for many years. The important thing is that you can link each donation to an identified donor and show that they have given you a valid Gift Aid declaration. Find out more about Gift Aid record keeeping and audit requirements on the HMRC website. Help 6 sheet Is my charity a trust or a company? This is important because it affects: •how HMRC calculates any interest on your repayment; •the time limits for claiming and keeping your records. Whether your charity is a trust or a company depends on how it was set up. For tax purposes: •a charity set up in the UK under a will or a formal Deed of Trust is a trust; •all other charities and Community Amateur Sports Clubs (CASCs) in the UK are treated as companies; •for charities and CASCs outside the UK the situation is more complex. Go to the HMRC website for more guidance. A trust is a dealt with under the Income Tax rules. A company is dealt with under the rules for Corporation Tax. If your charity or CASC is a company The important date for tax purposes is the date to which you prepare your annual accounts. You will be asked to enter this date on the Gift Aid claim form. If your charity is a trust The important date is 5 April (the end of the tax year), and this is the date you should put on the form. Toolkit tip: The new Charities Online service will have built-in checks and help to make sure you get the right dates in the right boxes. Trustees All charities have trustees, but this does not mean that the charity is a trust for tax purposes. The trustees are the charity officials who have responsibility for the actions of the charity and how its funds are used. ‘Trustee’ is a legal term, and your trustees may be known by other titles such as governors or directors. Where Gift Aid is concerned, trustees are responsible for making sure that a charity: •only claims Gift Aid on donations that meet all the requirements of the Gift Aid scheme; •holds a Gift Aid declaration for every Gift Aid donation (see Help sheet 5); •keeps records that show the link between the donor, the donation and the Gift Aid claim (see Help sheet 2); and •uses all of its Gift Aid and other income for the charitable purposes for which it was set up. Help 7 sheet Community Amateur Sports Clubs When you register with HMRC as a Community Amateur Sports Club (CASC), this entitles you to claim Gift Aid as well; you do not have to register twice. UK-based CASCs are treated as companies for tax purposes (See Help sheet 6). Find out more about registering as a CASC on the HMRC website. Gift Aid Individuals can make gifts of money to registered CASCs using Gift Aid in the same way as they make gifts to charities. Important: All the help sheets and claim forms in this toolkit can also be used by CASCs and references to charities apply equally to CASCs except where stated. Remember that Gift Aid is only available for voluntary donations of money and not for payments for goods or services such as personal use of sports facilities (see Help sheet 3). CASCs cannot claim Gift Aid on membership subscriptions under any circumstances. Maximising Gift Aid for CASCs Clubs are free to set their own membership fee levels, but HMRC would look closely at any club that reduced its fees significantly and requested a donation for the balance between the old and new fees. Most clubs will need to make sure that the membership fees at least cover the running costs. Your club could then suggest a voluntary donation on top of the membership fee and this would qualify for Gift Aid, but you would need to make it clear to new members that they could join without making the donation. Find out more about Gift Aid for CASCs on the HMRC website. Help 8 sheet How do I run a sponsored event and claim Gift Aid? Whatever kind of sponsored event people take part in to raise money for your charity, there is one important principle to remember: it is not the participant who is the donor. The people who sponsor the participant are the donors and these are the people entitled to use Gift Aid to increase the value of the amount they pledge as sponsor money. The rules and requirements are the same as for any other gift of money (see Help sheet 1). Toolkit tip: You can use the model sponsorship form in the toolkit. Sponsors must complete a Gift Aid declaration Every sponsor who wishes to make a donation using Gift Aid must make a Gift Aid declaration. This can be done by simply ticking the box on the right-hand side of the sponsorship form. For the declaration to be valid, the sponsor must complete all the other columns in full. You should take care that sponsors write their full name and not just, for example, ‘Grandad’ or ‘Auntie Sue’. Their full name and home address are required so that HMRC can identify them (see Help sheet 2). Does your event provide a benefit to the participants? Some charities organise adventure events to raise money. The participant pays a small fee to take part and makes a commitment to raise a minimum amount of sponsorship money. Please note that if there is a benefit to the person taking part, sponsor monies pledged by connected persons may not be eligible for Gift Aid (see Help sheet 4). How do I fill in the Gift Aid online claim? For donations raised through sponsored events you don’t have to enter every individual sponsor on to your Gift Aid claim schedule – just enter in the claim schedule the name of the participant and the total of the Gift Aid donations on their sponsor form, but exclude sponsorship donations of over £500 which must be entered seperately. You must also ensure that only the confirmed Gift Aid donations are included in the claim, and keep the sponsorship forms to show all the individual sponsors and Gift Aid confirmations with your other Gift Aid records (See Help sheet 10). Download the sponsorship and Gift Aid declaration form from the HMRC website. Help 9 sheet How do I claim Gift Aid and how often can I claim? To make a claim for Gift Aid, you should use the HM Revenue & Customs (HMRC) Online Charities Repayment Service and make a claim online. (There is a manual repayment form ChR1 for those who don’t have access to the internet). •A charity receiving regular monthly donations may wish to claim each month. •Other charities may think that a quarterly claim or an annual claim is enough. •If you want to claim more than once a year, each claim should be for at least £100. Toolkit tip: There is online help to assist you to make an online claim. Who can make a claim? When you register for Gift Aid, you authorise who can make the claim. You can replace or add additional authorised persons or replace other officials by sending form ChV1 to HMRC, who will need to check that the person who completes the claim is an authorised person. How are repayments made to my charity? HMRC make your repayment by direct payment into the charity’s bank account. A direct payment into the charity’s bank account is the quickest and safest method of repayment. If you change bank account you need to tell HMRC on form ChV1 thirty days before you make a claim. How do I complete a Gift Aid schedule? When you make a claim, you must provide a schedule spreadsheet showing the donations that the claim relates to. The schedule must be set out in a certain way, so that HMRC can process your claim correctly, and you can attach your schedule to your claim form. Find out more about schedule spreadsheets in the guidance on Charities Online on the HMRC website. How much time can be covered by a single claim? The period of your claim starts on the date of the first donation included in the claim, and ends on the date of the last donation in the claim. One claim can cover several years. The income can be entered on the claim form schedules in any order and for any period (except for aggregated donations). If you chose to aggregate donations of £20 or less, you must show these aggregated amounts clearly on your schedule spreadsheet so that HMRC can add the correct amount of interest, if it’s due. If your charity is a trust, these need to be shown for each tax year. If your charity is set up as a company, you should show aggregated donations for your accounting period. Help sheet 6 shows you how to decide whether your charity is a trust or a company. There is guidance on how to make an online claim on the HMRC website. Transitional relief For donations received between 6 April 2008 and 5 April 2011 a supplement called transitional relief is added to your claim. You do not need to work this out as HMRC will calculate it and automatically pay it to you – see Help sheet 11. Help 10 sheet How should I list donations on the schedule? There are different ways of entering your donations on to a Gift Aid Donations Schedule. If you’re using HM Revenue & Customs (HMRC) Charities Online Service and filling in an online claim form, you can complete a schedule spreadsheet and attach it to your repayment claim. If you don’t have access to the internet you can fill in a paper schedule. Filling in the schedule properly helps to ensure that you get the right amount of repayment back without delay. It is important that the entries are accurate so that the correct amount of tax is repaid. Toolkit tip: There is step by step guidance on how to get, fill in and attach the schedule spreadsheet to your claim on the HMRC website. If you don’t have access to the internet, you can fill in paper claim form, the ChR1. How do I list donations from individual donors? Enter the name of each donor for whom you hold a Gift Aid declaration, the address, postcode, date of their donation and the amount of the donation in the columns on the schedule spreadsheet. If you don’t have the postcode, enter as much of the address as you can in the address box. You will need to get the donor’s postcode for future claims. Sponsored events For claims made using the online form, all the donations for someone taking part in a sponsored event can be put as one entry under the name of that participant. This means you don’t need to list every individual donor who sponsored the person. Only individual donations from a donor of £500 or more shown on individual sponsor sheets will need to be separated out and listed individually on the online claim form. Remember, only donations for which the donor has ticked yes to Gift Aid should be included here. You must keep each participant’s sponsorship sheet in your records, as this will show the individual donors and their Gift Aid declarations. If you are considering organising a sponsored event, you should read Help sheet 8. Adding donations together (aggregated donations) If you have a number of small donations, of £20 or less each, from different donors, you can add them together and make only one entry, but the total of each line must not be more than £1,000. The aggregated donation indicator on the claim should be set to ‘yes’. You can choose not to aggregate such donations, and enter each donation separately if you prefer. When aggregating donation you need to decide whether to do this on a weekly, monthly, quarterly or yearly basis. Obviously this depends on how many donations you get and how often you claim. However, you must make sure that your aggregation does not cover a period greater than a tax year if your charity is a trust or the accounting period for others, such as companies. For example, if your charity is a trust only, donations received within the period 6 April to 5 April can be aggregated together. So, if you were claiming for two years from 6 April 2011 to 5 April 2013, you would have to split the aggregation into two – 6 April 2011 to 5 April 2012 and 5 April 2012 to 5 April 2013. You must keep records of the individual donations of £20 and under, including the Gift Aid declarations as HMRC may ask to see them. Other types of schedule A standard donation schedule is available for the online claim, or you can attach your own schedule provided it is in the correct format. Help 11 sheet What are the time limits for claiming Gift Aid? There are time limits for making a claim, so you are advised to make sure that you receive all the Gift Aid that you are entitled to by claiming at least once a year. It might be a good idea to include preparation of your claim as part of your annual accounting work. The time limits for claiming depend on whether your charity is a trust or a company (see Help sheet 6). Charitable trusts The relevant period for charitable trusts is the tax year which runs from 6 April in one year until 5 April in the following year. From 31 March 2010 a charitable trust must make its claims within 4 years of the end of the tax year in which the Gift Aid donations were received. For example: •A claim for the year ended 5 April 2009 must be made by 5 April 2013. CASCs and charities treated as companies The relevant period for CASCs and charitable companies is their accounting period. The accounting period is the 12 months covered by their financial accounts. From 31 March 2010 claims by CASCs and charitable companies must be made within 4 years of the end of the accounting period in which the Gift Aid donations were received. For example: •A claim for the year ended 31 December 2010 must be made by 31 December 2014. Are there time limits for transitional relief? Transitional relief is paid as a supplement on certain Gift Aid claims for the years from 6 April 2008 until 5 April 2011. The time limits for the payment of transitional relief to your charity or CASC are different from those for making a Gift Aid claim. You do not have to claim transitional relief; it is an automatic payment. However, it will only be added to your repayment if you make a relevant Gift Aid claim within 2 years of the end of the period or year to which it relates. For example, suppose a charitable trust wishes to claim Gift Aid for the year ended 5 April 2010: •If the claim is made by 5 April 2012, the trust will receive transitional relief in addition to its Gift Aid repayment. •If the claim is made after 5 April 2012 but before 5 April 2014, the trust will receive its Gift Aid repayment but no transitional relief will be paid. •If the claim is made after 5 April 2014 HMRC will not be able to repay anything. Can I make a claim for earlier years? Yes. You can do this if you have not claimed Gift Aid before or if you have recently received Gift Aid declarations from donors who have made gifts of money in the past 4 years (see Help sheet 2). Help 12 sheet What happens if my charity is selected for a Gift Aid audit? HMRC has a responsibility to check that charities are claiming the correct amounts of Gift Aid, and auditors are here to help you to do things right. Whether the auditor asks to visit you or asks you to send in your records, they will want to see the following items: Sometimes HMRC can carry out checks without contacting you, but on other occasions will ask you for additional information or documents. This is what is called an audit, and it can involve a visit to your charity to look at your records. HMRC can also do a review by correspondence. •Gift Aid declarations for the donations included in your claim; •evidence to show that you received and banked the donations; •evidence to show that you received and banked the tax repayment; •any other records or documents you may have relating to the claim; and •a copy of your charity’s latest accounts. An audit has three main objectives: •to check that the donations meet the requirements of the Gift Aid legislation (see Help sheet 3); •to check that a valid Gift Aid declaration is held for every donation included in your claim (see Help sheet 2); and •to check that any benefits given to donors are within the limits (see Help sheet 4). If the auditor finds mistakes with your claim, your charity may have to repay some of the Gift Aid you have claimed. The auditor will explain what the errors are, how to correct them if possible and how to avoid them in future. If your charity is selected for an audit and you want more information, you can talk to the auditor or find out more about audits by HMRC Charities on the HMRC website.
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