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Q. The company for which I am a director has been approached by a local charity to make a donation. The charity is a school attended by a fellow director's grandchildren. Is that allowed? What are the tax implications?

A. HMRC list three conditions that, if satisfied, will disallow tax relief under what is termed 'tainted' donations. All three conditions are required for it to be a 'tainted' donation:

Condition A - the donation to the charity and arrangements entered into by the donor are connected.

Condition B - the main purpose of entering into the arrangements is for the donor, or someone connected to the donor, to receive a financial advantage directly or indirectly from the charity.

Condition C - the donation isn't made by a qualifying charity-owned company linked with the charity to which the donation is made.

Condition B is the condition that might impact on whether the donation you mention is tax deductible. However, if it can be shown that no financial advantage is being gained by the donation (e.g. full school fees are being paid for the school child), then there is no financial advantage being received and the donation is allowed.

Further help

If you have a query about this, or any other tax topic relating to not-for-profit organisations, then please get in touch. Email us at enquiries@torgersens.com.

About the Author

Alison Henshaw Image

Alison Henshaw

Partner
 Alison joined Torgersens in 1996 and has been a partner with the firm since 2015. With broad experience in general practice, Alison is involved in the audits and accounts management of a range of clients including small and medium sized owner-managed companies, charities and not-for-profit organisations. Most recently, she has worked with a high-profile regional charity to develop its financial systems and reporting structures. Outside of work Alison likes spending time with her family enjoying walks along the North East coast line as well as regular visits to the Lake District, Northumberland and North Scotland.

To get in touch please e-mail alison.henshaw@torgersens.com.

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