Statutory Instruments
2014 No. 584
Income Tax
The Charitable Deductions (Approved Schemes) (Amendment) Regulations 2014
Made
12th March 2014
Laid before the House of Commons
13th March 2014
Coming into force
6th April 2014
The Treasury, in exercise of the powers conferred by section 715 of the Income Tax (Earnings and Pensions) Act 2003( 1 ), makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Charitable Deductions (Approved Schemes) (Amendment) Regulations 2014 and come into force on 6th April 2014.
Amendments to the Charitable Deductions (Approved Schemes) Regulations 1986
2.The Charitable Deductions (Approved Schemes) Regulations 1986( 2 ) are amended as follows.
3. In regulation 2 (interpretation) omit the definition of “supplement”.
4. In regulation 3(ja), for “within a period which does not exceed the period” substitute “before the expiry of the relevant period relating to such sums”.
5. For regulation 4A substitute—
“ 4A. —(1) An approved agency shall, notwithstanding anything in the provisions of an approved scheme or in a contract entered into with the employer to give effect to an approved scheme, pay to the charities specified by the employees the sums paid to it by the employer pursuant to the scheme before the expiry of the relevant period in relation to such sums.
(2) The relevant period in relation to a sum referred to in paragraph (1), subject to paragraphs (3) and (4), is—
(a) the period of 35 days beginning on the day when the approved agency receives the sum described in paragraph (1) provided the approved agency is notified (on or before that day) of the identity of—
(i) the employee from whose emoluments the sum was withheld, and
(ii) the charity or charities specified by that employee;
(b) in any other case, the period of 60 days beginning on the day on which the approved agency receives—
(i) the sum described in paragraph (1) or, if later,
(ii) notification of the identity of the charity or charities specified by the employee from whose emoluments the sum was withheld.
(3) The receipt by an approved agency of a voucher provided to an employee by which payment may be made to a charity pursuant to an approved scheme shall be treated as a notification of the identity of a charity for the purposes of paragraph (2).
(4) Where—
(a) the relevant period in paragraph (2) (a) applies in relation to a sum, and
(b) the approved agency has made no payment pursuant to a scheme to the charity specified in relation to the sum within the 12 months period ending immediately before the receipt of that sum,
the approved agency may treat the relevant period specified by that paragraph as the period of 60 days beginning on the day when the sum is received. ” .
6. For regulation 9(3), substitute—
“ (3) An approved agency must inform the Board ( 3 ) in writing of its failure to make payment to a charity in accordance with regulation 4A no later than 7 days after the expiry of the relevant period applicable in relation to the sum concerned stating the amount of the sum and the reasons for failure to comply with that regulation. ” .
7. In regulation 11(1)—
(a) insert “and” immediately before sub-paragraph (c);
(b) omit sub-paragraph (d) and the “and” immediately before it.
Anne Milton
Mark Lancaster
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2014
2003 c.1 ; section 715 was amended by paragraphs 102(1), 103(2) (a) and 118 of Schedule 4 to the Commissioners for Revenue and Customs Act 2005 (c. 11) , and S.I 2005/1126 , S.I. 2009/56 , S.I. 2009/3054 .
S.I. 1986/2211 ; relevant amending instruments are S.I. 2000/759 , S.I. 2000/2083 and S.I. 2003/1745 .
The expression the “Board” refers to the Commissioners for Her Majesty’s Revenue and Customs in accordance with section 50(1) of the Commissioners for Revenue and Customs Act 2005 (c.11) .