Revenue Note for Guidance

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Revenue Note for Guidance

847A Donations to certain sports bodies

Summary

This section provides for a scheme of tax relief for donations to certain sports bodies for the funding of capital projects. To be eligible for this relief, the project must be approved by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media. The estimated aggregate cost of the project must not be greater than €40m. The sports body must hold a certificate from the Revenue Commissioners stating that the body is, in their opinion, a body of persons to which section 235 applies, which means that its income is exempt from tax because it is a body established for and existing for the sole purpose of promoting athletic or amateur games or sports and such income is applied solely for those purposes. The body must also possess a valid tax clearance certificate.

Finance Act 2024 (section 20) amendments mean that individuals (both chargeable persons who pay income tax under self-assessment, and non-chargeable persons who pay income tax via the PAYE system) can opt either to take a deduction for a relevant donation against their total income, or to surrender the relief associated with the donation to the approved sports body for years of assessment 2025 onwards.

Where the relief is surrendered by the donor to the approved sports body, such relief will be claimable by the approved sports body on or after 1 December in the year after the relevant year of assessment in which the donation is made.

Companies can claim a deduction for the donation as if it were either a deductible trading expense or an expense of management deductible from total profits.

The minimum qualifying donation in any year to any sports body will be €250.

Details

Section 847A provides for a scheme of tax relief for donations to certain sports bodies for the funding of capital projects to be approved by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(1) The definitions used in the section are as follows:

The word “Acts” is defined as the Tax Acts (i.e. the Income Tax Acts and the Corporation Tax Acts), the Capital Gains Tax Acts and the Value-Added Tax Consolidation Act 2010 and the enactments amending or extending that Act, and any instrument made under any of those Acts.

The definition of “appropriate certificate” is updated to ensure that a certificate is not required in cases where a self-assessed or PAYE taxpayer elects to claim tax relief on a donation to an approved sports body for themselves.

An “approved project” is a project for which the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media has given a certificate under subsection (4), which certificate has not been revoked.

An “approved sports body” is a body which holds—

  • a certificate from the Revenue Commissioners certifying that the body is, in the opinion of the Commissioners, a body of persons to which section 235 applies, which is a body established for the sole purpose of promoting athletic or amateur games or sports whose income is exempt from tax where it is applied solely for those purposes, and
  • a valid tax clearance certificate.

However, excluded from the ambit of the definition is any body to whom the Revenue Commissioners have given a notice under subsection (1) of section 235. The effect of such a notice is to withdraw the tax exemption from the body.

The word “Minister” means the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

The word “project” sets out the type of capital projects of an approved sports body in respect of which donations may attract tax relief, namely—

  • purchasing, constructing or refurbishing a building or structure or part thereof for use for sporting or recreation activities provided by the approved sports body,
  • purchasing land for use by the approved sports body in providing sporting or recreation facilities,
  • purchasing permanently based equipment (excluding personal equipment) for use by the approved sports body in providing such facilities,
  • improving the playing pitches, surfaces or facilities of the approved sports body, and
  • repaying money borrowed (and paying interest on such money) by the approved sports body on or after 1 May 2002 for any of the above-mentioned purposes.

A “relevant accounting period” is the accounting period in which a relevant donation is made by a company.

The definition of “relevant donation” is based on the definition of the similar term in section 848A. It is provided that the de minimis limit of €250 on qualifying donations will be proportionately reduced in the case of a company which has an accounting period of less than 12 months in length.

A “relevant year of assessment” is the year of assessment in which a relevant donation is made by an individual.

The term “tax clearance certificate” refers to the certificate to be issued by the Collector-General under subsection (3).

(2) Subsection (2) is amended to dis-apply the subsection where a donation is made by a selfassessed or PAYE taxpayer in circumstances where they elect to claim the tax relief relating to the donation themselves. In the case of donations by individuals the grossed up amount (of a donation) is the amount, which after deducting income tax at the standard rate or the higher rate or partly at the standard rate and partly at the higher rate leaves the amount of the donation.

(3)(a) On application by a body, the Collector-General is to issue a tax clearance certificate for the purposes of the section provided the body is in compliance with certain obligations imposed on that body by the Acts. The obligations concerned are the payment or remittance of any taxes, interest or penalties required to be paid under the Acts to the Revenue Commissioners, and the making of all returns required by the Acts. The subsection is modelled on section 1095(2) which relates to tax clearance certificates for public sector contracts.

(3)(b) The provisions of subsections (5) to (8) of section 1094, which deal with tax clearance certificates for certain licences, will apply to an application for a tax clearance certificate under subsection (3)(a). The provisions in question relate to the prescribing of application forms for tax clearance certificates, the period for which the certificate is valid and appeals against refusal by the Collector-General to issue a tax clearance certificate.

(4)(a) For a project to be considered an approved project, the approved sports body concerned must apply to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media for approval in respect of the project. That Minister gives an approval certificate.

(4)(b) The application must be in such form and contain such information as the Minister directs.

(4)(c) The Minister may revoke a certificate previously given by notice in writing and the project will cease to be an approved project for the purposes of the relief from the date of the Minister’s notice.

(4)(d) No approval certificate shall be given in respect of a project which will cost in excess of €40,000,000.

(5) A donation will satisfy the requirements of this subsection if—

  1. (5)(a) it is made to the approved sports body for the sole purposes of funding an approved project,
  2. (5)(b) it is or will be applied by that body for that purpose,
  3. (5)(c) it is not otherwise deductible in computing the profits or gains of a trade or profession or deductible as an expense of management in computing the profits of a company,
  4. (5)(d) it is not a relevant donation relievable under section 848A or section 847AA which deals with relief for donations to approved charities,
  5. (5)(e) it is not liable to be repaid,
  6. (5)(f) neither the donor nor any person connected (defined for the purposes of the Tax Acts and the Capital Gains Tax Acts in section 10) with the donor receives a benefit, whether directly or indirectly, as a result of making the donation,
  7. (5)(g) the donation is not conditional on or related to the acquisition of property by the approved sports body (otherwise than by way of gift) from the donor or any person connected with the donor (within the meaning of section 10), and
  8. (5)(h) (in the case of a donation made by an individual—
    1. the individual is resident in the State for the year of assessment in which the donation is made, and in the case of a taxpayer who is not within the self assessment system,
    2. the individual has given an appropriate certificate to the approved sports body in relation to the donation and has paid the tax referred to in such certificate. FA 24amendment provides that an appropriate certificate is not required where a PAYE-only or self-assessed taxpayer opts to claim a tax deduction for a donation themselves.
    3. is amended to provide that that both PAYE-only and self-assessed taxpayers who elect to give the tax relief to the sports body must have paid the tax mentioned in the appropriate certificate and are not entitled to a repayment of that tax.

(6) Where it is proved to the Revenue Commissioners’ satisfaction that a person has made a relevant donation, the provisions of subsection (7), (9) or (11) will apply.

(7) Where a relevant donation is made by a company, it is treated for corporation tax purposes as a deductible trading expense of a trade carried on by the company, or an expense of management deductible from the total profits of the company, for the accounting period in which it is made.

(8) A claim by a company under the section is to be made along with the company’s corporation tax return under self assessment for the accounting period in which the relevant donation is made.

(9) This subsection sets out the rules that apply for self-assessed individuals who make a relevant donation.

  1. (9)(a) a donation to an approved sports body by a self-assessed individual has the choice:
    1. to claim the tax relief on the donation themselves or
    2. to give the relief to the sports body.
  2. (9)(b) states that where the self-assessed individual claims tax relief themselves, the amount of the donation is not to be taken into account in reducing the income of the individual or the individual’s spouse or civil partner for the purposes of quantifying the relief for qualifying premiums for a retirement annuity.
  3. (9)(c) allows the Revenue Commissioners to make regulations to outline the conditions that may apply where a self-assessed individual elects to claim the relief themselves or give the relief to the sports body.
  4. (9)(d) imposes an obligation on a self-assessed individual who opts to claim tax relief themselves to make a claim on their annual income tax return.
  5. (9)(e) where a self-assessed individual opts to give the tax relief on a donation to the sports body, that body will not benefit from the relief until at least 1 December in the year following the year in which the donation was made.

(11) This subsection sets out the rules that apply for PAYE individuals who make a relevant donation.

  1. (11)(a) A PAYE-only taxpayer who makes a relevant donation can elect:
    1. to claim tax relief on the donation themselves,
    2. give the relief to the sports body.
  2. (11)(b) the amount of the donation is not to be taken into account in reducing the income of the individual or the individual’s spouse or civil partner for the purposes of quantifying the relief for qualifying premiums for a retirement annuity.
  3. (11)(c) The Revenue Commissioners to make regulations setting out how these options may be exercised by a PAYE taxpayer.
  4. (11)(d) Where a PAYE individual claims the tax relief themselves. They are required to file online and provide details of the donation, the relevant receipt and any other information that the Revenue Commissioners may require.
  5. (11)(e) where a PAYE individual opts to give relief to the sports body, the tax relief relating to the donation will not be paid to the sports body until at least 1 December in the year following the year in which the donation is made.

(12) The approved sports body must give to the Revenue Commissioners the certificate seeking the repayment of tax of such an individual donor in an electronic format.

(13) Where an approved body does not have the facilities to send the claim for repayment of the tax in an electronic format, then the claim for repayment must be made on a form approved by the Revenue Commissioners for this purpose.

(14) The Minister may request in writing a return of the aggregate of relevant donations received by any approved sports body.

(15) The Revenue Commissioners may consult with the Minister concerning certain matters arising under the section.

(16) Approved sports bodies are required to issue receipts to persons making relevant donations which must contain specified details.

(17) This subsection provides that an approved sports body is not required to provide a receipt as referred to in subsection (16) where the body has already received relevant donations of €40,000,000 (subsection 18) in respect of the approved project.

(18) Relief under this section will not be given in respect of a relevant donation to an approved sports body where that sports body had already received relevant donations of €40,000,000 in respect of the approved project.

(19) Where relief has been granted under this section and the donation concerned has not been used for the purpose of the approved project or where the relief was otherwise found not to have been due, the relevant donation in respect of which the relief was granted will be regarded as taxable income in the hands of the sports body concerned.

(20) The Revenue Commissioners may delegate their powers and functions under this section to nominated officers.

Relevant Date: Finance Act 2024