Financial Bill 2013

Charities have been granted an exemption from the annual tax on high-valued enveloped dwellings in the recently-published Finance Bill 2013.

The Annual Tax on Enveloped Dwellings (ATED) replaces the Annual Residential Property Tax and is payable by companies that own high-value residential property (a 'dwelling').

From 1 April 2013, it will be chargeable on companies, collective investment schemes and partnerships with company members who hold UK residential dwellings valued at greater than £2million on specified valuation dates. Such properties are said to be ‘enveloped’ because the ownership sits within a corporate ‘wrapper’ or ‘envelope’.

But the legislation includes a charity exemption for every day that the dwelling is held by a charity for use in furtherance of charitable purposes, either its own or that of another charity. It also applies if the property is used as an investment from which the profits are to be used for charitable purposes.

A day is not relievable, however, if on that day the dwelling was occupied by an individual who is a substantial donor, or the associate of a substantial donor.

Elsewhere on the Bill, the reduced rate for the installation of energy saving materials (ESM) in buildings used solely for a relevant charitable purpose has now been withdrawn.

This may impact charities using buildings solely for a non-business use, such as a village hall. The measure will have effect on the installation of ESM supplied on and after 1 August 2013.

The Finance Bill 2013 is available in full at http://services.parliament.uk/bills/2012-13/financeno2.html with explanatory notes available at www.hm-treasury.gov.uk/d/explanatory_notes_for_finance_%28no.2%29_bill.pdf.