VAT for charities

With the VAT rate increase with effect from 4 January 2011 and the continuing withdrawal and watering down of VAT concessions it is essential you have a VAT advisor that not only has the technical experience in advising this sector but appreciates your individual aims and objectives.

This allows for practical VAT advice centred around your individual organisation to assist in maximising VAT efficiency and minimising VAT as a cost.

Some of key VAT issues affecting this sector are:

Property issues

With the recent withdrawal of the 10% margin for qualifying use in respect of properties to be used by charities or not-for-profit making organisations (NPMO’s) it is more important than ever before to seek concise effective advice in relation to any property transaction.

Consideration must also be given to the option to tax and the potential for this to be dis-applied in whole or in part thereby avoiding or minimising a VAT charge that at best may only be partially recoverable.

The VAT issues surrounding the construction of village halls or recreational buildings for local communities can be particularly complex and the ability to secure zero-rating for the building works should be fully explored.

How we can help: We will explore in detail the potential to acquire new property interests, building works, or conversions to form Relevant Residential buildings at the VAT zero-rate.

These require specific VAT Certification and have the force of law. We can assist you in respect of these certificates, and seek to ensure maximum zero-rating is applied to minimise VAT costs.

Business / non-business

Where there are any business activities or trading subsidiaries, this can create a whole host of issues in themselves that need careful planning and management.

How we can help: We have experience of reviewing these contracts and providing advice on the VAT position. Where we are brought in before a contract for grant funding has been signed we can assist and confirm the VAT position, liaising with the funder as necessary, to advise on any significant d VAT issues that have not been considered.

It is also important to consider any grant funding revived, as this can in some cases be considered by HMRC as business income. This is particularly important as some contracts from grant providers will stipulate that should HMRC consider the funding will constitute a supply for VAT purposes, that the funding will be considered to be inclusive of VAT. Should this occur then it will severally affect the funds available to be used to deliver the service funded for by the grant.

VAT liabilities

The VAT liabilities of services and goods supplied and received by charities and NPMO’s can become complex, and it will not always be obvious where savings can be made and utilised.

Memberships and subscriptions should be closely monitored to confirm the VAT position and where applicable maximise VAT efficiency. There may be multiple supplies with one VAT liability for a predominant element, or multiple VAT issues dependent upon what is provided, to whom and how this is delivered.

How we can help: We can assist in advising on the VAT position for memberships and subscriptions to avoid the potential for a subsequent dispute with HMRC. Where appropriate we can seek a ruling from HRMC on the VAT position with a view to maximising the VAT efficiency for these services.

Partial exemption

If there are trading activities and some of these are exempt from VAT, then the partial exemption position should be reviewed and where appropriate a special method agreed with HMRC.

How we can help: Operating closely with HMRC we can review this on your behalf increasing the ability for you to take advantage of your partial exemption position.

VAT Recovery in general

It is important to ensure the utmost VAT recovery to assist in reducing costs and maximising funds available for the aims and objectives of the charity or NPMO. Where there is expected to be any large capital expenditure advice should be sought to ensure that any reliefs available are used and that the best possible structure is used to maximise VAT recovery.

How we can help: We will conduct regular reviews with you to evaluate ways that VAT savings can be identified.

Fund raising

There are specific rules governing what constitutes fund raising and the level to which these activities can be exempt from VAT.

How we can help: We will be able to help you advise on how your fund raising activities can be undertaken in the most VAT and cost effective method.

Donations and sale of goods donated

Donations freely given with nothing provided in return are outside the scope of VAT. Care must be taken when anything can be considered as provided in return for the donation. Also when accepting donated goods from members of the public or businesses that are resold to raise funds.

How we can help: We will sit down with you and take the time to review any arrangements you may have with donors.

International services

For services that are received from overseas, with effect from 1 January 2010 there is a requirement to account for the VAT in the UK under the reverse charge procedures when the services are received for business and non-business purposes. Prior to 1 January 2010 HMRC did not seek to apply the reverse charge when the services were received for non-business purposes. This will mean an additional VAT cost.

How we can help: We will sit down with you and review contracts for the provision of services from overseas suppliers to find any alternative solutions and discuss these with you.

VAT Grouping

There may well be changes ahead for VAT groups between trading subsidiaries and a charity or NPMO holding entity. This may make it more difficult for this sector to use the advantages of VAT Groups.

How we can help: We will review any changes as they are made and consider what steps can be taken avoid any negative impact for this sector.

Cost sharing

The Government is finally looking at the possibility of exemption from VAT (as provided for under European VAT legislation) for cost sharing between charities and NPMO’s.

How we can help: We are monitoring this and as soon as there is any progress we will consider how this can be implemented and the benefit maximised for this sector.