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Part 13 E+W+S+N.I.Other special types of company etc

Chapter 9E+W+S+N.I.Community amateur sports clubs

Basic conceptsE+W+S+N.I.

658Meaning of “community amateur sports club” and “registered club”E+W+S+N.I.

(1)A club is entitled to be registered as a community amateur sports club if it is, and is required by its constitution to be, a club which—

(a)is open to the whole community (see section 659),

(b)is organised on an amateur basis (see section 660), and

(c)has as its main purpose the provision of facilities for, and the promotion of participation in, one or more eligible sports (see section 661).

(2)A club may apply to an officer of Revenue and Customs to be registered as a community amateur sports club.

(3)The officer must register the club as a community amateur sports club if satisfied that the club is entitled to be registered.

(4)The officer—

(a)may register the club with effect from such date as the officer may specify (which may be before the date of the application), and

(b)may cancel the club's registration with effect from such date as the officer may specify (which may be before the date of the decision to cancel it) if no longer satisfied that the club is entitled to be registered.

(5)Her Majesty's Revenue and Customs may publish the names and addresses of registered clubs.

(6)In this Chapter a “registered club” means a club which is for the time being registered as a community amateur sports club under this section.

659Meaning of “open to the whole community”E+W+S+N.I.

(1)A club is “open to the whole community” for the purposes of section 658 if—

(a)its membership is open to all without discrimination,

(b)its facilities are available to members without discrimination, and

(c)its fees (if any) do not represent a significant obstacle to membership or use of its facilities.

(2)For the purposes of this section “discrimination” includes indirect discrimination and (in particular) includes discrimination on the grounds of—

(a)ethnicity or nationality,

(b)religion or beliefs,

(c)sexual orientation, or

(d)sex, age or disability (except as a necessary consequence of the requirements of a particular sport).

(3)A club is not prevented from being “open to the whole community” for the purposes of section 658 merely because it has different classes of membership depending on—

(a)the age of the member,

(b)whether the member is a student,

(c)whether the member is waged,

(d)whether the member is a playing member, or

(e)how far from the club the member lives,

or merely because it has restrictions on the days or times when different classes of membership have access to its facilities.

660Meaning of “organised on an amateur basis”E+W+S+N.I.

(1)A club is “organised on an amateur basis” for the purposes of section 658 if—

(a)it is non-profit making (see subsections (2) and (3)),

(b)it provides for members and their guests only the ordinary benefits of an amateur sports club (see subsections (4) and (5)), and

(c)its constitution provides for any net assets on its dissolution to be applied for approved sporting or charitable purposes (see subsections (6) and (7)).

(2)A club is “non-profit making” for the purposes of subsection (1) if its constitution —

(a)requires any surplus income or surplus gains to be reinvested in the club, and

(b)does not allow the distribution of any of its assets (in cash or in kind) to members or third parties.

(3)A club is not prevented from being “non-profit making” for those purposes merely because it makes donations to charities or registered clubs.

(4)The following are “ordinary benefits of an amateur sports club” for the purposes of subsection (1)—

(a)the provision of sporting facilities,

(b)the reasonable provision and maintenance of club-owned sports equipment,

(c)the provision of suitably qualified coaches,

(d)the provision, or reimbursement of the costs, of coaching courses,

(e)the provision of insurance cover,

(f)the provision of medical treatment,

(g)the reimbursement of reasonable travel expenses incurred by players and officials travelling to away matches,

(h)the reasonable provision of post-match refreshments for players and match officials, and

(i)the sale or supply of food or drink as a social benefit which arises incidentally from the sporting purposes of the club.

(5)A club is not prevented from providing for members and their guests only the ordinary benefits of an amateur sports club for the purposes of subsection (1) merely because—

(a)a member supplies goods or services to the club on an arm's length basis, or

(b)the club employs members of the club on an arm's length basis.

(6)In relation to any club, the following are “sporting or charitable purposes” for the purposes of subsection (1)—

(a)the purposes of the governing body of an eligible sport for the purposes of which the club existed, for use in related community sport,

(b)the purposes of another registered club, and

(c)the purposes of a charity.

(7)Purposes of a club are “approved” sporting or charitable purposes for the purposes of subsection (1) if they are approved by—

(a)the members of the club in general meeting, or

(b)the members of the club's governing body.

661Meaning of “eligible sport”, “qualifying purposes” etcE+W+S+N.I.

(1)For the purposes of this Chapter “eligible sport” means a sport which is designated for those purposes by an order made by the Treasury.

(2)An order under this section may designate a sport by reference to its inclusion in a list maintained by a body specified in the order.

(3)For the purposes of this Chapter “qualifying purposes” means—

(a)the purpose of providing facilities for one or more eligible sports, and

(b)the purpose of promoting participation in one or more eligible sports.

(4)For the purposes of this Chapter “non-qualifying purposes” means purposes which are not qualifying purposes.

(5)For the purposes of this Chapter “non-qualifying expenditure” means expenditure which is incurred for non-qualifying purposes.

ExemptionsE+W+S+N.I.

662Exemption for UK trading incomeE+W+S+N.I.

(1)A club which is a registered club throughout an accounting period may make a claim for its UK trading income for that period to be exempt from corporation tax if conditions A and B are met.

(2)Condition A is that the receipts which would (but for this section) be brought into account in calculating the club's UK trading income for that period do not exceed the relevant threshold.

(3)Condition B is that the whole of its UK trading income for that period is applied for qualifying purposes.

(4)If a club is a registered club for only part of an accounting period, this section has effect as if—

(a)that part were a separate accounting period, and

(b)the club's UK trading income and receipts for that separate accounting period were proportionately reduced.

(5)In this section “the relevant threshold” means—

(a)£30,000 in the case of an accounting period which is 12 months, and

(b)a proportionately reduced figure in the case of a shorter accounting period.

(6)In this section “UK trading income” means profits that (apart from this section) are chargeable under Chapter 2 of Part 3 of CTA 2009 and are—

(a)profits of a trade carried on wholly or partly in the United Kingdom, or

(b)profits of an activity other than a trade.

663Exemption for UK property incomeE+W+S+N.I.

(1)A club which is a registered club throughout an accounting period may make a claim for its UK property income for that period to be exempt from corporation tax if conditions A and B are met.

(2)Condition A is that the receipts which would (but for this section) be brought into account in calculating the club's UK property income for that period do not exceed the relevant threshold.

(3)Condition B is that the whole of its UK property income for that period is applied for qualifying purposes.

(4)If a club is a registered club for only part of an accounting period, this section has effect as if—

(a)that part were a separate accounting period, and

(b)the club's UK property income and receipts for that separate accounting period were proportionately reduced.

(5)In this section “the relevant threshold” means—

(a)£20,000 in the case of an accounting period which is 12 months, and

(b)a proportionately reduced figure in the case of a shorter accounting period.

(6)In this section “UK property income” means income of a UK property business which would (but for this section) be chargeable under Chapter 3 of Part 4 of CTA 2009.

664Exemption for interest and gift aid incomeE+W+S+N.I.

(1)A club which is a registered club throughout an accounting period may make a claim for—

(a)its interest income for that period, and

(b)its gift aid income for that period,

to be exempt from corporation tax if the whole of that interest income and gift aid income is applied for qualifying purposes.

(2)If a club is a registered club for only part of an accounting period, this section has effect as if—

(a)that part were a separate accounting period, and

(b)the club's interest income for that separate accounting period were proportionately reduced.

(3)In this section—

665Exemption for chargeable gainsE+W+S+N.I.

A registered club to which a gain accrues may make a claim for the gain not to be a chargeable gain for the purposes of TCGA 1992 if the whole of it is applied for qualifying purposes.

Restrictions on exemptionsE+W+S+N.I.

666Exemptions reduced if non-qualifying expenditure incurredE+W+S+N.I.

(1)This section applies if—

(a)a registered club has relevant income or relevant gains for an accounting period (“the accounting period in question”), and

(b)the club incurs non-qualifying expenditure in that period.

(2)For the purposes of this section—

(3)If the amount of the non-qualifying expenditure in the accounting period in question is less than the amount of the income receipts and chargeable gains for that period, there is a reduction in the amount of relief given under this Chapter.

(4)The total amount of the relevant income and relevant gains for that period exempted under this Chapter is reduced by the amount found by the appropriate fraction.

(5)This is the appropriate fraction—

where—

RIRG” means the total amount of the relevant income and relevant gains for that period,

NQE” means the amount of the non-qualifying expenditure in that period, and

IRCG” means the income receipts and chargeable gains for that period.

(6)If the amount of the non-qualifying expenditure in the accounting period in question is at least equal to the amount of the income receipts and chargeable gains for that period, the exemptions under this Chapter—

(a)do not apply, and

(b)are treated as never having applied,

to any of the relevant income or relevant gains for that period.

(7)If the amount of the non-qualifying expenditure in the accounting period in question is greater than the amount of the income receipts and chargeable gains for that period, there is a reduction in the amount of relief given under this Chapter for previous accounting periods.

(8)The total amount of the relevant income and relevant gains for previous accounting periods exempted under this Chapter is reduced (but not below nil) by the surplus amount.

(9)The surplus amount is the amount by which the amount found by the appropriate fraction exceeds the total amount of the relevant income and relevant gains for the accounting period in question.

667Rules for attributing surplus amount to earlier periods etcE+W+S+N.I.

(1)This section supplements section 666.

(2)An amount exempted under this Chapter for an earlier accounting period is reduced by the surplus amount only if that earlier accounting period ends not more than 6 years before the end of the accounting period in question.

(3)If the condition in subsection (2) is met in the case of more than one earlier accounting period, amounts exempted under this Chapter for later accounting periods are reduced in priority to earlier ones.

(4)If an amount exempted under this Chapter has been reduced under section 666 in respect of non-qualifying expenditure incurred in an accounting period, it may not be reduced again under that section in respect of non-qualifying expenditure incurred in a later accounting period.

(5)Such adjustments must be made (whether by way of the making of assessments or otherwise) as may be required in consequence of section 666(7).

668How income and gains are attributedE+W+S+N.I.

(1)A registered club may specify the income and gains to be reduced (in whole or in part) as a result of section 666.

(2)A specification under subsection (1) is made by notice to an officer of Revenue and Customs.

(3)Subsection (5) applies if—

(a)an officer of Revenue and Customs requires the club to make a specification under this section, and

(b)the club has not given notice under subsection (2) of the specification before the end of the required period.

(4)The required period is 30 days beginning with the day on which the officer made the requirement.

(5)An officer of Revenue and Customs may determine the income and gains to be reduced (in whole or in part).

Deemed disposal and acquisition of assetE+W+S+N.I.

669Asset ceasing to be held for qualifying purposes etcE+W+S+N.I.

(1)This section applies if a club holds any asset (within the meaning of TCGA 1992) and, without disposing of it (within the meaning of that Act)—

(a)the club ceases to be a registered club, or

(b)the club ceases to hold the asset for qualifying purposes.

(2)The club is treated for the purposes of TCGA 1992 as disposing of, and immediately reacquiring, the asset at the time of the cessation for a consideration equal to its market value at that time.

(3)The exemption under section 665 does not apply to any gain accruing on that deemed disposal.

(4)So far as any of the asset represents (directly or indirectly) the consideration for a disposal of any other asset by the club, the exemption under that section does not apply, and is treated as never having applied, to any gain accruing on that disposal of that other asset.

(5)Such adjustments must be made (whether by way of the making of assessments or otherwise) as may be required in consequence of this section.

(6)But an assessment in respect of a chargeable gain accruing as a result of this section may not be made more than 3 years after the end of the accounting period in which the cessation in question occurred.

Decisions and appealsE+W+S+N.I.

670Notification of HMRC decisionE+W+S+N.I.

An officer of Revenue and Customs must notify the club of any decision—

(a)to register it as a registered club,

(b)to refuse to register it as a registered club, or

(c)to cancel its registration.

671AppealsE+W+S+N.I.

(1)A club may appeal against a decision of any officer of Revenue and Customs in relation to its application, or registration, as a registered club.

(2)Notice of the appeal must be given in writing to an officer of Revenue and Customs within 30 days of the date of the notification under section 670.

(3)The notice must specify the grounds of the appeal.

(4)If the appeal is against a refusal to register the club, or a decision to register it with effect from a particular date, the tribunal may (if not dismissing the appeal)—

(a)direct that the club is to be registered with effect from a specified date, or

(b)send the matter back to any officer of Revenue and Customs for reconsideration.

(5)If the appeal is against a decision to cancel the registration of the club, or to do so with effect from a particular date, the tribunal may (if not dismissing the appeal)—

(a)revoke the cancellation,

(b)direct that the cancellation is to have effect from a specified date, or

(c)send the matter back to any officer of Revenue and Customs for reconsideration.

(6)The provisions of TMA 1970 relating to appeals under the Taxes Acts (within the meaning of TMA 1970) apply to an appeal under this section as they apply to those appeals.