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Posted Fri, 24 Mar 2023 14:31:42 GMT by john2938
I am helping to administer gift aid for a CASC. When the club was in financial difficulties, a member put money into the club. It's not clear whether this was intended to be a gift or a loan. If it was a loan, and the member has now forgiven the loan, can the club claim gift aid? What's the deadline for claiming -- 4 years from receipt of the loan or 4 years from date that the loan was forgiven?
Posted Tue, 28 Mar 2023 13:12:41 GMT by HMRC Admin 17

Hi,
 
You will first have to establish if the donation was a gift or a loan, prior to obtaining (if appropriate) a Gift Aid declaration from the donor.   

See Links :

Claiming Gift Aid as a charity or CASC   . 

Information re: Gift Aid deadlines is provided here:

Claiming Gift Aid as a charity or CASC  .

Thank you.
Posted Fri, 31 Mar 2023 11:25:37 GMT by john2938
While I appreciate the reply it doesn't really help much. I understand that the CASC cannot claim gift aid on several categories of donations, such as donations from limited companies, or that are a payment for goods or services, but none of the exclusions apply. When the member paid money to the club and at the time of payment expected to be repaid, the payment does not look like a gift. But on realising the seriousness of the club's financial problem the member decided to cancel the loan and no longer expect to be repaid. Is cancellation of the loan a gift for Gift Aid purposes?
Posted Tue, 11 Apr 2023 14:13:32 GMT by HMRC Admin 32
Hi,

The 'forgiven' loan will be considered for Gift Aid Relief if the individual who made the loan provides your CASC with a valid Gift Aid declaration. By doing so, the individual will be effectively confirming that he now wishes the 'loan' to be regarded as a donation.                                                      

Gift Aid declarations: claiming tax back on donations

Thank you.

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