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W Osborne v HMRC

In W Osborne v HMRC (TC00650 – 2 September) a freemason claimed that part of his subscriptions to his Masonic lodge should be treated as qualifying for gift aid relief. HMRC rejected his claim and he appealed. The First-Tier Tribunal dismissed his appeal holding that none of the subscription qualified for relief since he had not made a gift to charity ‘as an individual’.

Why it matters: Gift Aid is only applicable where a donor makes a gift to a charity as an individual. It is not possible to claim relief in respect of a subscription to a body such as a Masonic lodge even where that body applies some of its subscription income to charity.

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