A client made donations to charities but at year end there was `Net loss` in profit & loss account.
This brought the question of how to treat the donation in tax computation.
Below I have listed few examples of how donations should be treated.
Example 1: Taxable profit and donation
Company A has a net profit of £3,000 and has made donations of £50001.
Computation of Tax
Net Profit |
3,000 |
Add: Donations |
5,0002 |
Taxable Profit |
8,000 |
Less: Qualifying donations |
5,000 |
Profits chargeable to corporation tax |
3,000 |
Example 2: Taxable Loss and donation
Company A has a Net Loss of £3,000 and has made donations of £5000.
Computation of Tax
Net Loss |
(3,000) |
Add: Donations |
5,0002 |
Taxable Profit |
2,000 |
Less: Qualifying donations |
2,0001 |
Profits chargeable to corporation tax |
Nil |
Please note donations are restricted to the amount of taxable profits. Qualifying donations cannot create a loss. Thus in this case £3,000 donations cannot be carried forward to be set-off against future profits and are lost forever.
In case this company was part of a group, the excess could have been used as group relief.
Example 3: Taxable loss and a small donation
Company A has a Net Loss of £3,000 and has made donations of £1,000.
Computation of Tax
Net Loss |
(3,000) |
Add: Donations |
1,0002 |
Taxable Profit |
(2,000) |
Less: Qualifying donations |
Nil |
Profits chargeable to corporation tax |
Nil |
Unused trading losses to carry forward |
2,000 |
In this case none of the donations were used, as even after adding the donations there was no taxable profits. Again in this case whole of £1,000 donations cannot be carried forward to be set-off against future profits and are lost forever.
Again, in case this company was part of a group, the excess could have been used as group relief.
Notes:
- Assumed all donations made were qualifying.
- Add back all donations made by the company.
Acknowledgements:
The above was determined with help of my good friend Gagan Anand a fellow accountant.
References:
- Basic guidance on gov.uk
- Tolley also has provided detailed guidance.