These payments will not count towards the £1,200 yearly contribution limit. The payments will start in April 2010.
The substantial donors rules potentially apply to all charities carrying out transactions with their largest donors (where tax relief is available in respect of their donation(s)).
If a charity enters into a specified transaction with a substantial donor the transaction will be treated as non-charitable expenditure which is subject to a tax charge.
Existing legislation defines a substantial donor as a person that makes tax relievable donations of:
- £25,000 or more in 12 months or
- £100,000 or more in a period of six years.
Such a person is treated as a substantial donor of the charity for all chargeable periods falling wholly or partly within that 12 month/six year period, and for a further five chargeable periods. A chargeable period for a charitable trust is a tax year and for a charitable company is its accounting period.
Regulations will increase the threshold of relievable gifts which a person may make before becoming a substantial donor. The relievable gifts threshold of £100,000 in a period of six years will be increased to £150,000 from 23 April 2009. The annual threshold of £25,000 will remain the same.
Comment
These rules were introduced to tackle those who influence or set up charities with a view to avoiding tax rather than with any charitable intent but the rules need to be considered carefully if substantial donations are being made. |