The Commission have their sights set on charities that have entered into business rates arrangements that exploit tax legislation artificially and serve to benefit private interests, with charities benefiting as a by-product rather than a principal aim.
Reasonable and prudent tax planning is fine but the Commission want an appreciation of the potential of some business rates avoidance schemes to bring reputational damage to charities and the sector generally.
The Charity Commission has warned that appropriate advice on reliefs such as business rates should be taken.
The main concern on business rates is charities leasing empty properties from private landlords, carrying out limited or no charitable activity and claiming relief. The arrangement allows the Landlord to save money on empty properties with the charity also sometimes receiving a reverse premium from the Landlord.
The caselaw to date focuses on offices used for the display of artwork with little or no public access, wifi transmitters in office blocks and partial occupation of warehouses. The key question of whether the property is used wholly or mainly for charitable purposes is yet to be definitively answered in relation to the persentage use of floor space. The generally accepted view on charity shops for charitable use is anything greater than 50% of the floor space qualifies but the question remains for other properties.
This is another timely reminder to charities to take advice as the Commission are threatening investigations.
Contact Dominic Curran
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
The Covid-19 crisis has demonstrated that there is great resilience and innovation in the housing sector across Greater Manchester, it has also brought shortfalls and other priorities sharply into foc
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.