Charity mergers: applications17

1

This regulation applies to an application by the new charity under section 12(1) or 13(1) of the 2012 Act (charity mergers: new charity taking over activities of one charity or several charities).

2

An application must be made—

a

in writing to an officer of Revenue and Customs;

b

before the relevant date.

3

An application must contain—

a

the information specified in paragraph (4);

b

the consent to the application of each old charity that is in existence at the time of the application, signed by two old charity managers of each consenting charity;

c

if the application is made under section 13(1), notification of which of the old charities is the relevant old charity for the purposes of the application.

4

The information specified in this paragraph is, in relation to each old charity and the new charity—

a

the name and address of the charity and any reference number given by HMRC;

b

the charitable instruments or other governing documents of the charity;

c

the names and addresses of the managers of the new charity and of the old charity managers;

d

a full description of the charitable activities;

e

any other information which HMRC may reasonably require in order to reach its decision on the application.

5

Subject to paragraph (6), the relevant date for the purposes of this regulation and regulation 18 is the earlier of—

a

60 days before the new charity makes its first gift aid exemption claim; or

b

90 days after the new charity began to carry on the activities of the old charity or the relevant old charity.

6

Where an application relates to a merger which occurred before the date these Regulations come into force, the relevant date for the purposes of this regulation and regulation 18 is the earlier of—

a

90 days before the new charity makes its first top-up claim; or

b

5th April 2014.