Changes to the Tax Relief on Donations to Charity the practical details. Sheila Nordon Executive Director



Similar documents
CHARITABLE DONATION SCHEME CHY3

CHARITABLE DONATION SCHEME CHY2

INTRODUCTION WHAT IS AN ELIGIBLE CHARITY? WHAT IS AN APPROVED BODY?

Setting up a Charity

The Wheel. useful information for setting up a voluntary organisation

The R&D tax credit regime. 18 February 2014

A QUICK GUIDE TO DIVIDENDS TAX

[ ] Payments on Termination of an Office or Employment or a Change in its Functions

Information for Employers

Charitable giving guide

Student Loan Scheme Bill

Step 1: Visit and register for Isle of Man Government online services by selecting Income Tax service.

Club Manual. Financial Matters in the Club.

Improving the operation of the Construction Industry Scheme

PAYE / PRSI for Small Employers

Income tax: simplifying the administration of employee expenses, including preventing salary sacrifice

Starting a Business The basic requirements for Tax purposes

Sage Micropay. Payroll Year End 2014 User Guide

Income Levy. Frequently Asked Questions

1 Introduction. 2 Overall comments on the draft legislation

Section 3. Vehicle Registration Tax Manual. Repayment Schemes and Procedures for Processing Repayment Claims

Charitable giving guide

Tax Relief for Donations to Certain Sports Bodies

RTI End of Year Processing

[ ] Income tax relief for insurance against expenses of illness (Medical/Dental Insurance) Sections 470 and 470B TCA 1997

Section 1001 Fixed Charges on Book Debts. Guidelines for Caseworkers

Administrative Burden Reduction

1.2 The CIOT s Environmental Taxes Working Group has previously commented on the principles of environmental taxes.

Tax Relief for Gifts To European Charities. UK tax law provides a number of reliefs and exemptions connected to charities.

NEW STOCK OPTION RULES

Gift Aid carry back. December treating your donation as if made in the previous tax year. Stewardship Briefing Paper

CSV Notes. English and Irish versions are located on this document

Full Self Assessment FAQs

employer/payroll update: changes relating to benefits and expenses from 6 April 2016

General Terms and Conditions. Specific Conditions. Fixed Rate, Fixed Term State Savings Products

The New CAT Regime: One Year On Compliance Update

Pensions Tax Reliefs

Guidance for employers on stakeholder pensions

TAX STRATEGY GROUP PENSION TAXATION ISSUES

Farm Restructuring Guidelines Relating to the application for, and the issue of, Farm Restructuring Certificates by Teagasc

CHAPTER 27. Taxation of Retirement Lump Sums. Revised September 2015

Real time collection of tax on benefits in kind and expenses through voluntary payrolling

Leaflets & Guides. Excise Duty Rates of Mineral Oil Tax for aviation fuels for Business Use, and for Private Pleasure Flying

Deduction of income tax from savings income: implementation of the Personal Savings Allowance

Guidance Notes for Life Assurance Companies

Head of Taxation, Taxation Department LOCATION:

IRAS e-tax Guide. INCOME TAX TREATMENT OF REAL ESTATE INVESTMENT TRUSTS (Fourth Edition)

Revenue Operational Manual. 15.2A.05 High Income Individuals Restriction. Tax Year 2010 onwards

Pensions - Tax Reliefs

Simplifying the National Insurance Processes for the Self-Employed Response by the Chartered Institute of Taxation

PENSIONS POLICY INSTITUTE. Tax relief for pension saving in the UK

Pensions Tax Reliefs

THE COMMISSIONER OF CHARITIES SEEKS PUBLIC VIEWS ON PROPOSED REGULATORY APPROACH TOWARDS FUND-RAISING APPEALS FOR INDIVIDUALS

Universal Social Charge. Frequently Asked Questions

PAYE guidance on Appendix 5: Net of foreign tax credit relief

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

Guide to Calculating your Income Tax Liability for Additional Notes -

Universal Social Charge. Frequently Asked Questions

Oil and gas fiscal regime: reinvestment relief for pre-trading companies

Student Loan Scheme Amendment Bill (No 2)

High-risk areas of the tax code: the taxation of unauthorised unit trusts

NZ Society of Actuaries. Conference. Wairakei - November 2008 Anthony Merritt

Cornmarket Presentation

Student Loan Scheme Amendment Bill (No 2)

SCHEME OF COMPENSATION FOR PERSONAL INJURIES CRIMINALLY INFLICTED AS AMENDED FROM 1 ST APRIL 1986

STATES OF JERSEY REVIEW OF THE DRAFT CHARITIES (JERSEY) LAW (S.R.7/2014): RESPONSE OF THE CHIEF MINISTER STATES GREFFE

Gift Aid Principles. Gift Aid is a means for donors to give to charity with tax relief on the donation.

Collection Manual Guidelines For Attachment

National Insurance Contributions Bill

Leaflets & Guides: Excise Duty Guide to Electricity Tax

GUIDE 3: Gift Aid Declarations (v4a: 29th October 2015)

Tax Efficient Giving for Americans Resident in the United Kingdom

Financial Aid Package

Professional Services Withholding Tax (PSWT) General Instructions

Well, the filing timeline is

CULTURAL GIFTS SCHEME

CHAPTER 3 INCOME TAX ON DISCRETIONARY TRUSTS

Nursing Homes Support Scheme Bill 2008 Regulatory Impact Analysis

Clubs and Charities Series IR64. Giving to charity by businesses

Back to Basics How to Avoid Costly VAT Compliance Mistakes

Setting up a charity in Hong Kong

tes for Guidance Taxes Consolidation Act 1997 Finance Act 2014 Edition - Part 13

This Plan is written confirmation of a contract between us (Aviva Life and Pensions UK Limited) and the Planholder(s) named in the Plan Schedule.

Solvency II and the Taxation of Life Insurance Companies

Income-Driven Repayment Comparison

National Solidarity Bond - Terms and Conditions Issue 4

IRAS e-tax Guide. Tax Exemption for Foreign-Sourced Income (Second edition)

Inheritance tax: investments in open ended investment companies and authorised unit trusts

Compliance Code for PAYE Taxpayers

CIPFA\Charities & Social Enterprises Panel Newsletter

Stamp Duties Consolidation Act 1999

CollSoft. Solutions In Software. CollSoft. Payroll. Year End Procedures

A guide to pension tax

Double taxation relief: revenue protection

Modernising Powers, Deterrents and Safeguards Payments, Repayments and Debt: Responses to Consultation and Proposals

Gift Aid Claims and Declarations: are you too late?

Income tax computation

IT 61 A Revenue Guide to Professional Services Withholding Tax (PSWT) for Accountable Persons and Specified Persons

STUDENT LOAN REPAYMENT STRATEGIES

Return-Free Tax Systems and Taxpayer Compliance Costs

Transcription:

Changes to the Tax Relief on Donations to Charity the practical details Sheila Nordon Executive Director

Today s Briefing Background to the changes announced in Budget 2013 Legislative changes introduced in Finance Act 2013 How the revised scheme will operate in practice Automating the reclaim/refund process work in progress Your questions answered by the panel

CONTEXT Why Simplification? Existing Tax Relief Scheme (S848A TCA) requirements: Donations of 250 or more Must be given at arms length with no strings attached PAYE donors benefit of refund to the charity Self-assessed donor tax relief goes to the donor Certain restrictions association with the charity (10% cap) and general higher earner restriction on cumulative use of tax relief Tax relief at the marginal rate where sufficient tax has been paid Worth an average 30/ 32million refunds on PAYE donations and est. 18m relief to Self-Assessed Administration Annual Appropriate Certificate completed by PAYE only donor to include Name, PPS number, amount of the cumulative donations paid to the charity, rate of tax and signature

In Practice.. Difficulty in getting correctly completed forms back from qualifying donors every year Discussing tax affairs of donors inappropriate! PPS Numbers and DATA PROTECTION created problems for both charities and Revenue PAYE only vs Self-Assessed inc. rejections Solution required! Minister Noonan agreed to setting up a Working Group led by Dept. Finance with ICTR and Revenue

Conditions attached.. Simplify operation of the scheme Reduce Admin burden on Charities and Revenue At no extra cost to the Exchequer i.e. had to be revenue neutral from an Exchequer perspective at current levels of donation Legislative Proposals developed and consulted on Feb to May 2012 Proposals for simplification of the administration of scheme developed based on submissions

Finance Act 2013 legislative changes Tax refund in all cases to the charity Blended tax rate of 31% to apply to all donations regardless of tax rate of donor - on a grossed up basis ( 250x100/69 = 362.32-250 =refund of 112.32) Removal of charitable donations scheme from scope of the high earner s restriction Annual limit of 1m per individual can be tax relieved under the scheme

Administration Simplification Option for a 5 year enduring declaration from donors (1 year option must also be available) PPSN still required for first signed declaration but can be renewed more easily using charity identifier (telephone, text, online, etc.) Refund claims to be submitted electronically idea is to automate the process (only rejection will be for insufficient tax or incorrect PPSN) Refunds for PAYE donors can be made after P35 info is received by Revenue (Feb. deadline) Self assessed claims can be submitted but refunds only after tax returns are made (Oct/Nov. deadline)

Revenue Donations Scheme.. Venue: Davenport Hotel Date: 27 th June 2013 Revenue Commissioners - Donations Scheme Liam Keogh A.P.

Scale and types of charitable bodies who hold exemption 8,311 Bodies listed on our Renenue website with the charitable tax exemption 450 approx new applications annually for the exemption Application form CHY 1 together with governing instruement etc see Revenue Website. 2,235 of these charities authorised for the donations scheme as listed on Revenue website Approved Bodies as defined in Schedule 26A TCA 1997 also qualify for the Donations Scheme Breakdown between categories with the exemption Charity Pemsel Breakdown community 46% Poverty 13% Religion 15% Educational 26% Poverty Educational Religion community

The Scheme of Tax Relief on Donations from PAYE only Year No of Donors Gross Contributions Donations + Tax Relief Donations Amount Tax Refunds 2007 81,294 72.3m 47.0m 25.3m 2008 96,366 86.6m 57.1m 29.5m 2009 119,223 98.9m 67.3m 31.6m 2010 109,226 91.2m 61.0m 30.2m 2011 99,701 79.4m 53.1m 26.3m 2012 96,262 76.5m 51.4m 25.1m The above chart shows the Tax refunds given on Paye only donations for the last 6 years

Year The Scheme of Tax Relief on Donations from Self Assessed Taxpayers No of Donors Donations Amount Tax Refunds 2005 17,432 47.9m 18.3m 2006 22,759 55.9m 21.0m 2007 28,909 60.3m 21.7m 2008 34,088 60.6m 21.4m 2009 36,402 57.4m 19.5m 2010 37,123 58.7m 19.8m The above chart shows the estimated cost to the exchequer on self assessed donations for the last 6 years where figures are available

The Scheme of Tax Relief on Donations Section 848A TCA 1997 Leaflet CHY 2 Must have CHY exemption for 2 years before applying to be authorised List of Authorised Charities on website @ 2,235 Approved Bodies as listed/defined in Schedule 26A TCA Donation in excess of 250 annually in money or securities No benefit accruing to the donor Must be non-repayable A restriction (10% of Income) where the donor is connected to the charity In the past different provisions applied for Paye Only donors, self assessed or corporations. Charities/Approved bodies could claim relief in respect of Paye only donations on a grossed up basis. Self assessed and companies claimed the relief themselves in their returns or accounts respectively up to and including tax year 2012. The different treatment of donations from Paye Only donors V the Self Assessed has caused confusion and a compliance burden for both the charity sector and Revenue. The new scheme as announced by the Minister for Finance in the Finance Act 2013 is in response to these difficulties and the changes apply to all individual donations made from 1 st Jan 2013 onwards.

The following outlines the main changes to the scheme for donations made in 2013 Donations from all individual donors (both PAYE and Self Assessed) to be treated the same with the tax relief being repaid to the charity or approved body in all cases The refund will be given at a blended tax rate of 31%(this blended rate is to ensure the scheme remains cost neutral) and all individual donations will be regrossed at this rate. The charitable donation scheme will be removed from the scope of the high earners restriction An annual limit of 1 million per individual, which can be relieved under the scheme. A new enduring certificate which will be valid for 5 years has been introduced. CHY 3 Cert (available soon on our website). A new annual certificate. CHY 4 Cert(available soon on our website) The revised scheme will operate in respect of eligible donations made in 2013 and subsequent years. Claims for 2012 and earlier years will continue to be dealt with under the old regime. It should be noted that Section 865 Taxes Consolidation Act 1997 imposes a general 4-year time limit on claims for repayment of tax. Corporate Donations - There are no changes proposed to the scheme as it applies to corporate donations. Corporate donations will continue to be allowed as a deduction similar to a trading expense and there is no limit on the amount that a corporate body can donate to approved bodies for tax relief purposes.

Making a Claim in 2014 in respect of Donations made in 2013. Charity/Eligible body must have original CHY 3/CHY4 Certs from donors The Claimant must be registered for a new Taxhead called Charitable Donations Scheme - CDS. Where possible Revenue will register all current claimants in the Scheme for this Taxhead automatically. All current Claimants should receive a letter to confirm their details within next few months- The correct PPSN of the claimant body is crucial for this process to register the claimant for this new Taxhead In Nov/Dec 2013 all claimants will receive a communication that they must be registered for ROS to make a claim and the first step of registering for ROS will be completed for them the applicants then must proceed with the remaining steps to register. The claim is then submitted through ROS in 2014 Submit a claim listing the donors name, ppsn, amount of donation, indicate if donor is connected etc, through a ROS based application. We have informed our IT development team that a facility to allow claimants update details from compatible software to ROS is required. Submit completed 848A claim form and declaration through ROS The declaration 848A form will encompass all the conditions of the scheme as outlined in the CHY 3 and CHY 4 forms completed by the donor.

Making a Claim in 2014 in respect of Donations made in 2013(Contd). Donor s must have paid tax on the grossed up amount of the donation otherwise restriction to tax paid applies All donations as listed will be linked with the individual s Tax records to check that the refund as claimed is due to the claimant. P35 returns for 2013 from employers are due on 15 th Feb 2014 while self assessed forms 11 returns are due in Oct/Nov 2014 No refunds can be made until that donors tax return is submitted and settled with Revenue. From April 2014 we will begin to make refunds in respect of claims made where that donors tax position is settled i.e.- where P35 submitted and where Form 11 submitted subject to the proviso that sufficient tax has been paid to cover the refund and that the other conditions are also met. We will have a system in place where periodic intervention will take place on the balance of claims that have failed to refund because the returns for the donors are outstanding thereby refunding the claims piecemeal as the validation rules apply to that donor. The periodic intervention will cease when it becomes clear that that donor will not satisfy the conditions of the scheme

Other Issues Data Protection - As has been the case in recent years it will not be possible to advise where a certain donor does not yield a refund to the claimant However the new scheme as designed to treat all individual donations in the same way will not have the same problems as the old scheme. Firstly there will be no differentiation between PAYE Only and the Self assessed donors thereby no confusion on which donors to claim for and secondly the blended rate of 31% removes the restriction as to the rate of tax paid by the donor. These two changes will remove the main difficulties that arose in the old system. 2013 claims can be made at any time after the end of the Tax year 2013 subject to the 4 year time limit. As previously stated 2012 claims and prior will be dealt with as normal under the present scheme through the use of secure email 2012 claims will continue to be dealt with until the 4 year time limit runs out in Dec 2016. An Enduring Certificate is valid for 5 years unless the charity is notified of its amendment or cancellation before the end of that period by the donor An Enduring Certificate can be renewed at the end of the valid period.

ROS Registration 3 Steps to Becoming a ROS Customer Step 1: Apply for your ROS Access Number (RAN) (It is proposed that this step will be done automatically for all current claimants under the Donations Scheme) Step 2: Apply for your Digital Certificate Step 3: Retrieve your Digital Certificate

Your Questions Answered