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The Church of England
Children's Society has won its High Court appeal against HM Revenue &
Customs (HMRC), meaning that now other charities could benefit by millions
of pounds in recovered VAT.
The case was centred around on-street collections and whether expenses
incurred related to fundraising alone - which falls outside the scope
of VAT - or was part of the wider activities of the charity. HMRC said
it was fundraising alone but the High Court did not agree.
The 29 July ruling
accepted that the receipt of donations and other unrestricted funds was
not an activity in its own right, but merely a mechanism for raising funds
to support the charity's activities, allowing charities to partially reclaim
VAT incurred in the recruitment of charitable donors.
Steve Hodgetts, VAT expert at accountants Baker Tilly, said other charities
that undertake similar fund-raising activities need to consider if they
can reclaim some of the VAT incurred. "Charities should act upon
this quickly so that claims are submitted as soon as possible," he
said. "VAT claims can only be made for the preceding three years,
so the sooner a claim is made, the further back the claim can go."
According to the Charities
Tax Reform Group, it is estimated that the voluntary sector pays over
£500 million in VAT to suppliers that it cannot recover. But Russell
Moore, VAT partner at accountancy Saffery Champness which acted as adviser
to the Children's Society, thinks this could be much higher: "Although
estimates have varied in the past, we believe that the actual amount of
irrecoverable VAT suffered by the voluntary sector each year could be
as much as £1bn, so [the 29 July] ruling is clearly very significant
indeed."
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