Small Charitable Donations Act 2012

Section 3

Schedule Meaning of “small donation”: conditions

Small cash payment

1 (1) The gift must be £20 or less in cash.

(2) Where a gift of cash is made to the charity and its managers do not know whether the gift is £20 or less, the condition in sub-paragraph (1) is to be treated as met if the managers have taken reasonable steps to find out.

(3) In this paragraph—

• “cash” means coins and notes in any currency;

• “managers”, in relation to a charity, means the persons having the general control and management of the administration of the charity.

Collected in the United Kingdom

2 The gift must be received in the United Kingdom by or on behalf of the charity.

Deposited in United Kingdom in a bank account

3 (1) The cash given to the charity must have been deposited in an account kept by or on behalf of the charity at a relevant institution and the deposit must have been made in the United Kingdom.

(2) “Relevant institution” has the meaning given by section 109(3) of the Charities Act 2011.

Not eligible for gift aid

4 (1) The gift must be one in relation to which no gift aid declaration is given to the charity.

(2) “Gift aid declaration” means a declaration which is a gift aid declaration for the purposes of Chapter 2 of Part 8 of the Income Tax Act 2007.

Not payment under payroll deduction scheme

5 The gift must not be a sum falling within section 713(3) of the Income Tax (Earnings and Pensions) Act 2003 (payroll deduction scheme).

Not deductible in calculating income

6 The gift must not be deductible in calculating the individual’s income from any source for the purposes of income tax.

Not subject to condition as to repayment

7 The gift must not be subject to any condition as to repayment.

Not conditional on acquisition of property by charity

8 (1) The gift must not be conditional on, associated with or part of an arrangement involving, the acquisition of property by the charity from the individual or a person connected with the individual.

(2) An acquisition by way of gift is to be ignored for the purposes of this condition.

No, or only negligible, benefits associated with gift

9 (1) There must be no benefits associated with the gift, or any benefits associated with the gift must be of negligible value (for example, a lapel sticker designed to acknowledge the making of a gift).

(2) For this purpose a benefit is associated with a gift if it is received by the individual who makes the gift, or a person connected with the individual, in consequence of making the gift.

Interpretation

10 For the purposes of this Schedule whether a person is connected with another person is to be determined in accordance with section 993 of the Income Tax Act 2007.