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Sept 2011                                    News and Views from Plummer Parsons
                                                                                                              CHARITY




                                                                                                              newsletter…
 2011 Budget and Charities
 In the Budget earlier this year the Chancellor unusually § Benefits to donors can increase to £2,500 for a
 gave prominence to the charity sector including:           gift of £50,000 or more.
                                                          § Inheritance Tax can be reduced where 10%
 § From April 2013 charities will be able to claim          of an estate goes to charities.
                                                          § Personal tax allowances will continue to be
      Gift Aid on up to £5,000 cash donations per
      annum without any evidence that the donors
      are taxpayers. This will mean a maximum tax           withdrawn for those earning in excess of
      rebate of £1,250 per annum. However, to               £100,000 – this means that higher rate tax
      benefit from this, charities must have been in        relief to donors becomes very generous.
      existence for three years and have a good tax         Why not encourage this to be Gift Aided
      compliance record.                                    back to your charity?




 10 Useful Questions for avoiding problems
 The Charity Commission has provided an                 6) Do you regularly look at your governing
 interesting summary covering ‘some of the                  document?
 most important things that trustees need to think      7) Do you think about how to avoid the main
 about to avoid common problems’:                           things that could cause problems for your
 1) Do your activities match the charitable                 charity?
      purposes set out in your governing                8) Do you have ways of checking how well your
      documents?                                            charity is doing?
 2) Can your charity still do what it was               9) Do you have a plan for how you will raise and
      originally set up to do?                              spend the charity’s money?
 3) Were all the trustees appointed in the              10) Are you preparing accounts and a trustees’
      way your governing document says they                 report showing what you have spent over the
      should be?                                            year and what you have done?
 4) Did you check if there is someone who is not        Make sure your trustees review these important
      allowed to be a trustee?                          issues. Please feel free to come and discuss them
 5) Have you written down how the trustees will         with us over a coffee in a free 45 minutes
      identify and deal with conflicts of interest?     consultation.




                                        Cheques –
                                        reprieved for another five years
                                        Charities will be pleased to know that the plans to abolish cheques
                                        are delayed until at least 2016 because an alternative paper-based
                                        system has not yet been found. In the meantime charities should
                                        encourage donors to support by standing order or online, wherever
                                        possible. This will help eliminate risk.




 www.plummer-parsons.co.uk/charity
Sept 2011                                        News and Views from Plummer Parsons
                                                                                                                            CHARITY
                                                                                    Bribery – beware!
                                                                                    The Bribery Act 2010 came into force in July 2011 and the Charity
                                                                                    Commission website provides helpful guidance on trustees’
                                                                                    responsibilities, controls, systems etc. Charities may encounter
                                                                                    corruption wherever they operate and those charities operating
                                                                                    overseas face greater risks. The Charity Commission strongly
                                                                                    recommend that ‘all charities adopt a risk-based approach, putting in
                                                                                    place policies and procedures to comply with the Act’.
                                                                                    § Review your charity’s risks. § Control these risks.
                                                                                    § Don’t ignore or overlook them.
                                                                                    Trustees must take professional advice if they are unsure how the Act

 Receive your legacies early                                                        applies to their charity. Please speak further with us about these
                                                                                    risks – and what your risks are as well.
 The Legacy Fundraising Corporation is a new company set up to provide
 charities with their legacy payments upfront, creating enormous cashflow
 benefits. Working with the major UK banks, the company will provide up to
 75% of the legacy in advance and will only charge the charity interest at a
 low rate of the loan. Checks will have to be carried out on the charity and
                                                                                      Charities working
 the legacy but will only apply to legacies of £25,000 or more. Further
 details are awaited.                                                                 internationally
                                                                                      HMRC have given further guidance on the additional responsibilities
                                                                                      on trustees set out in the Finance Act 2010. It is not enough that the
 Trustees’ Week –                                                                     trustees know the funds or assets going overseas will be used for
                                                                                      charitable purposes; the trustees must know about the overseas
 31 October to 6 November 2011                                                        body receiving the funds or assets and must show they have looked
                                                                                      into the organisation, its personnel, procedures and activities.
 The Charity Commission are planning another trustees’                                Trustees cannot rely on the fact that the overseas body may itself be
 awareness campaign this year to encourage people to                                  a charity registered in the host country. Overseas visits may also be
 get involved and consider becoming a trustee. Check out the Charity                  necessary to review and monitor the project.
 Commission website for the various events being held across the country
 and use these occasions to make known your own charity and recruit                   See our website for the full details provided by the Revenue and
 others to assist.                                                                    helpful examples of the preparatory work the trustees must
                                                                                      undertake, monitoring expected of them and records they must
                                                                                      maintain to demonstrate to the Revenue that they have carried out
 Sign up – Sign Up                                                                    the appropriate checks.

 Charity Newsletters
 Don’t forget to let others know about our six monthly Charity Newsletters.         Consolidation
 You can also sign up for the Charity Commission News and their regular
                                                                                    At the moment there is a Charities Consolidation Bill working its way
 weekly updates. All trustees and senior charity staff have a duty to keep up
                                                                                    through Parliament, bringing together into one Act a number of
 to date with responsibilities and charity requirements and receiving
                                                                                    existing Acts of Parliament on the same subject. The Bill is to be
 Newsletters will be an important start. Make sure that all your charity trustees
                                                                                    considered this month by the Joint Committee on Consolidated Bills.
 at least receive these Newsletters – then encourage them to be read!

                                                                                    Have we missed anything?
 CIOs – still coming?                                                               Is there anything in this Newsletter that you were expecting or
 YES, Charitable Incorporated Organisations have yet to arrive but the              hoping to read? Please do not hesitate to contact us direct as we will
 Charity Commission are still promising to deliver! Scotland has CIOs now           be more than willing to provide you with extra information etc.
 in place and hopefully England and Wales will soon have the opportunity
 to use this recommended vehicle for charitable activities.                         Please address all enquiries, responses and other
                                                                                    issues raised by this newsletter to:
                                                                                    charities@plummer-parsons.co.uk
                                                                                    Email us the details of others who
                                                                                    would like to receive this newsletter.

  Eastbourne                                 Hailsham                                   Brighton
  18 Hyde Gardens,                           5 North Street,                            4 Frederick Terrace, Frederick Place,
  Eastbourne, BN21 4PT                       Hailsham, BN27 1DQ                         Brighton, BN1 1AX
  T 01323 431200                             T 01323 846622                             T 01273 725123
  F 01323 641767                             F 01323 440594                             F 01273 726123
  eastbourne@plummer-parsons.co.uk           hailsham@plummer-parsons.co.uk             brighton@plummer-parsons.co.uk

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Plummer Parsons Charity Newsletter 7

  • 1. Sept 2011 News and Views from Plummer Parsons CHARITY newsletter… 2011 Budget and Charities In the Budget earlier this year the Chancellor unusually § Benefits to donors can increase to £2,500 for a gave prominence to the charity sector including: gift of £50,000 or more. § Inheritance Tax can be reduced where 10% § From April 2013 charities will be able to claim of an estate goes to charities. § Personal tax allowances will continue to be Gift Aid on up to £5,000 cash donations per annum without any evidence that the donors are taxpayers. This will mean a maximum tax withdrawn for those earning in excess of rebate of £1,250 per annum. However, to £100,000 – this means that higher rate tax benefit from this, charities must have been in relief to donors becomes very generous. existence for three years and have a good tax Why not encourage this to be Gift Aided compliance record. back to your charity? 10 Useful Questions for avoiding problems The Charity Commission has provided an 6) Do you regularly look at your governing interesting summary covering ‘some of the document? most important things that trustees need to think 7) Do you think about how to avoid the main about to avoid common problems’: things that could cause problems for your 1) Do your activities match the charitable charity? purposes set out in your governing 8) Do you have ways of checking how well your documents? charity is doing? 2) Can your charity still do what it was 9) Do you have a plan for how you will raise and originally set up to do? spend the charity’s money? 3) Were all the trustees appointed in the 10) Are you preparing accounts and a trustees’ way your governing document says they report showing what you have spent over the should be? year and what you have done? 4) Did you check if there is someone who is not Make sure your trustees review these important allowed to be a trustee? issues. Please feel free to come and discuss them 5) Have you written down how the trustees will with us over a coffee in a free 45 minutes identify and deal with conflicts of interest? consultation. Cheques – reprieved for another five years Charities will be pleased to know that the plans to abolish cheques are delayed until at least 2016 because an alternative paper-based system has not yet been found. In the meantime charities should encourage donors to support by standing order or online, wherever possible. This will help eliminate risk. www.plummer-parsons.co.uk/charity
  • 2. Sept 2011 News and Views from Plummer Parsons CHARITY Bribery – beware! The Bribery Act 2010 came into force in July 2011 and the Charity Commission website provides helpful guidance on trustees’ responsibilities, controls, systems etc. Charities may encounter corruption wherever they operate and those charities operating overseas face greater risks. The Charity Commission strongly recommend that ‘all charities adopt a risk-based approach, putting in place policies and procedures to comply with the Act’. § Review your charity’s risks. § Control these risks. § Don’t ignore or overlook them. Trustees must take professional advice if they are unsure how the Act Receive your legacies early applies to their charity. Please speak further with us about these risks – and what your risks are as well. The Legacy Fundraising Corporation is a new company set up to provide charities with their legacy payments upfront, creating enormous cashflow benefits. Working with the major UK banks, the company will provide up to 75% of the legacy in advance and will only charge the charity interest at a low rate of the loan. Checks will have to be carried out on the charity and Charities working the legacy but will only apply to legacies of £25,000 or more. Further details are awaited. internationally HMRC have given further guidance on the additional responsibilities on trustees set out in the Finance Act 2010. It is not enough that the Trustees’ Week – trustees know the funds or assets going overseas will be used for charitable purposes; the trustees must know about the overseas 31 October to 6 November 2011 body receiving the funds or assets and must show they have looked into the organisation, its personnel, procedures and activities. The Charity Commission are planning another trustees’ Trustees cannot rely on the fact that the overseas body may itself be awareness campaign this year to encourage people to a charity registered in the host country. Overseas visits may also be get involved and consider becoming a trustee. Check out the Charity necessary to review and monitor the project. Commission website for the various events being held across the country and use these occasions to make known your own charity and recruit See our website for the full details provided by the Revenue and others to assist. helpful examples of the preparatory work the trustees must undertake, monitoring expected of them and records they must maintain to demonstrate to the Revenue that they have carried out Sign up – Sign Up the appropriate checks. Charity Newsletters Don’t forget to let others know about our six monthly Charity Newsletters. Consolidation You can also sign up for the Charity Commission News and their regular At the moment there is a Charities Consolidation Bill working its way weekly updates. All trustees and senior charity staff have a duty to keep up through Parliament, bringing together into one Act a number of to date with responsibilities and charity requirements and receiving existing Acts of Parliament on the same subject. The Bill is to be Newsletters will be an important start. Make sure that all your charity trustees considered this month by the Joint Committee on Consolidated Bills. at least receive these Newsletters – then encourage them to be read! Have we missed anything? CIOs – still coming? Is there anything in this Newsletter that you were expecting or YES, Charitable Incorporated Organisations have yet to arrive but the hoping to read? Please do not hesitate to contact us direct as we will Charity Commission are still promising to deliver! Scotland has CIOs now be more than willing to provide you with extra information etc. in place and hopefully England and Wales will soon have the opportunity to use this recommended vehicle for charitable activities. Please address all enquiries, responses and other issues raised by this newsletter to: charities@plummer-parsons.co.uk Email us the details of others who would like to receive this newsletter. Eastbourne Hailsham Brighton 18 Hyde Gardens, 5 North Street, 4 Frederick Terrace, Frederick Place, Eastbourne, BN21 4PT Hailsham, BN27 1DQ Brighton, BN1 1AX T 01323 431200 T 01323 846622 T 01273 725123 F 01323 641767 F 01323 440594 F 01273 726123 eastbourne@plummer-parsons.co.uk hailsham@plummer-parsons.co.uk brighton@plummer-parsons.co.uk