Small Charitable Donations Act 2012
2012 c. 23An Act to provide for the making of payments to certain charities and clubs in respect of certain gifts made to them by individuals; and for connected purposes.
Enacted[19th December 2012]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Top-up payments¶
1 Top-up payments in respect of small donations made to eligible charities¶
where—
SD is the amount of the small donations to which the claim relates, and
R is the percentage rate of the basic rate of income tax for the tax year in question.
2 Meaning of “eligible charity”¶
3 Meaning of “small donation”¶
Connected charities and community buildings¶
4 Connected charities¶
I15 Meaning of “connected”¶
6 Charities running charitable activities in more than one community building ¶
I27 Meaning of “running charitable activities in a community building” etc¶
I38 Meaning of “community building”¶
9 Connected charities and community buildings¶
9A Election for section 9 not to apply¶
Overpayments and administration¶
10 Overpayments¶
If—I411 Management of top-up payments¶
Miscellaneous¶
F21I512 Charity mergers: new charity taking over activities of one charity¶
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F21I613 Charity mergers: new charity taking over activities of several charities¶
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I714 Power to alter specified amount etc¶
15 Top-up payments not taxable¶
A top-up payment is not to be treated as income for any purpose of the Tax Acts.General¶
16 Northern Ireland¶
In Schedule 2 to the Northern Ireland Act 1998 (excepted matters), before paragraph 10 insert—17 Regulations and orders¶
18 General interpretation¶
- “charitable activity” has the meaning given by section 7;
- “charitable purpose”—
- in the case of a charity within subsection (1)(a) to (c), has the meaning given by section 2(1) of the Charities Act 2011 (reading the reference in section 2(1) to the law of England and Wales as including a reference to the law of Scotland and the law of Northern Ireland);
- in the case of a charity within subsection (1)(d), means qualifying purpose within the meaning given by section 661(3) of the Corporation Tax Act 2010;
- “community building” is to be read in accordance with section 8;
- “connected charities”: references to a charity being connected with another charity in a tax year are to be read in accordance with section 5;
- “eligible charity” is to be read in accordance with section 2;
- “gift aid exemption claim” means a claim for amounts to be exempt from income tax or corporation tax by virtue of—
- section 521(4) of the Income Tax Act 2007, or
- section 472, 475 or 664 of the Corporation Tax Act 2010,
(and for related expressions see subsection (3) below); - “HMRC” means the Commissioners for Her Majesty's Revenue and Customs;
- “running charitable activities in a community building”: references to a charity running charitable activities in a community building in a tax year are to be read in accordance with section 7;
- “small donation” is to be read in accordance with section 3;
- “tax year” means a year beginning on 6 April and ending on the following 5 April;
- “top-up claim” means a claim under section 1 (and for related expressions see subsection (3) below);
- “top-up payment” has the meaning given by section 1.
19 Financial provisions¶
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.20 Extent¶
This Act extends to—21 Commencement and transitional provision¶
22 Short title¶
This Act may be cited as the Small Charitable Donations Act 2012.Schedule ¶
Meaning of “small donation”: conditions
Section 3
Small cash or contactless payment¶
- “cash” means coins and notes in any currency;
- “contactless payment” means a payment made at a contactless payment terminal using the contactless payment facility of a card, mobile telephone or other device;
- “managers”, in relation to a charity, means the persons having the general control and management of the administration of the charity.
Made in the United Kingdom¶
Deposited in United Kingdom in a bank account¶
Not eligible for gift aid¶
Not payment under payroll deduction scheme¶
Not deductible in calculating income¶
Not subject to condition as to repayment¶
Not conditional on acquisition of property by charity¶
No, or only negligible, benefits associated with gift¶
Interpretation¶
Footnotes
- I1S. 5 wholly in force at 6.4.2013; s. 5 in force for specified purposes at Royal Assent and otherwise in force at 6.4.2013, see s. 21(1)(2)
- I2S. 7 wholly in force at 6.4.2013; s. 7 in force for specified purposes at Royal Assent and otherwise in force at 6.4.2013, see s. 21(1)(2)
- I3S. 8 wholly in force at 6.4.2013; s. 8 in force for specified purposes at Royal Assent and otherwise in force at 6.4.2013, see s. 21(1)(2)
- I4S. 11 wholly in force at 6.4.2013; s. 11 in force for specified purposes at Royal Assent and otherwise in force at 6.4.2013, see s. 21(1)(2)
- I5S. 12 wholly in force at 6.4.2013; s. 12 in force for specified purposes at Royal Assent and otherwise in force at 6.4.2013, see s. 21(1)(2)
- I6S. 13 wholly in force at 6.4.2013; s. 13 in force for specified purposes at Royal Assent and otherwise in force at 6.4.2013, see s. 21(1)(2)
- I7S. 14 wholly in force at 6.4.2013; s. 14 in force for specified purposes at Royal Assent and otherwise in force at 6.4.2013, see s. 21(1)(2)
- F1Sum in s. 1(6) substituted (6.4.2016) by The Small Charitable Donations Act (Amendment) Order 2015 (S.I. 2015/2027), arts. 1, 3
- F2Sum in s. 4(3)(a) substituted (6.4.2016) by The Small Charitable Donations Act (Amendment) Order 2015 (S.I. 2015/2027), arts. 1, 4
- F3Words in s. 6 heading substituted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 3(2), 7(1)
- F4Sch. para. 2 and crossheading substituted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 2(3), 7(1)
- F5Words in Sch. para. 1 heading inserted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 2(2)(a), 7(1)
- F6S. 9A inserted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 4(4), 7(1)
- F7Words in s. 2(1) substituted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 1(2)(a), 7(1) (with s. 8(2))
- F8S. 2(2) omitted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by virtue of Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 1(2)(b), 7(1) (with s. 8(2))
- F9Words in s. 2(3) substituted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 1(2)(c)(i), 7(1) (with s. 8(2))
- F10Word in s. 2(3) substituted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 1(2)(c)(ii), 7(1) (with s. 8(2))
- F11S. 2(4)(a) omitted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by virtue of Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 1(2)(d), 7(1) (with s. 8(2))
- F12Words in s. 4(4) substituted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 4(2), 7(1)
- F13Words in s. 6(1) substituted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 3(3), 7(1)
- F14S. 6(2)-(3D) substituted (16.1.2017) for s. 6(2)-(3) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 3(4), 7(1)
- F15S. 6(4)-(6) omitted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by virtue of Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 3(5), 7(1)
- F16Words in s. 7(1) omitted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by virtue of Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 3(6), 7(1)
- F17Words in s. 8(3) substituted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 3(7)(a), 7(1)
- F18S. 8(3A) inserted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 3(7)(b), 7(1)
- F19Words in s. 9(1) inserted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 4(3)(a), 7(1)
- F20S. 9(2)-(6) substituted (16.1.2017) for s. 9(2)-(8) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 4(3)(b), 7(1)
- F21Ss. 12, 13 omitted (16.1.2017) by virtue of Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 1(3), 7(1) (with s. 8(1)(2))
- F22Word in s. 14(1)(c) omitted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by virtue of Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 4(5)(a), 7(1)
- F23S. 14(1)(d) omitted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by virtue of Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 4(5)(b), 7(1)
- F24Words in s. 14(1)(c) substituted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 3(8), 7(1)
- F25S. 14(5) omitted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by virtue of Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 1(4), 7(1)
- F26Words in Sch. para. 1(1) omitted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by virtue of Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 2(2)(b), 7(1)
- F27Sch. para. 1(1A) inserted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 2(2)(c), 7(1)
- F28Words in Sch. para. 1(3) inserted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 2(2)(d), 7(1)
- F29Words in Sch. para. 3(1) inserted (16.1.2017) (with effect in accordance with s. 7(1) of the amending Act) by Small Charitable Donations and Childcare Payments Act 2017 (c. 1), ss. 2(4), 7(1)
- F30Sum in Sch. para. 1(1) substituted (6.4.2019) by The Small Charitable Donations Act (Amendment) Order 2019 (S.I. 2019/337), arts. 1, 2(2)(a)
- F31Sum in Sch. para. 1(2) substituted (6.4.2019) by The Small Charitable Donations Act (Amendment) Order 2019 (S.I. 2019/337), arts. 1, 2(2)(b)