Corporation Tax Act 2010

660 Meaning of “organised on an amateur basis”

(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.