Charitable Exemption for rates
Exemption from business rates if your business has a charitable purpose or public benefit.
Charitable Exemption can apply where a property is (a) occupied by a charity and (b) where the actual use of the premises is dedicated to the charitable objectives of that charity.
Being a charity does not necessarily mean you are entitled to exemption from rates. Both parts of the paragraph above must be met before an exemption can be applied. This means that Land & Property Services (LPS) will require proof of (a) who is in occupation and (b) what activities are taking place within the premises.
This is a complicated subject and charities should ensure they have sought professional advice in relation to the implications of renting premises. It should not be assumed that exemption will apply simply because the premises are occupied by a charity.
Eligibility criteria for Charitable Exemption
Charitable purposes include formally constituted trusts for:
- the advancement of religion
- the advancement of education
- the relief of poverty
- other purposes beneficial to the community
If you want to apply for Charitable Exemption for a property, you must show that it is either a charity or that it is not established for profit and that the use of the premises directly facilitates the charitable objectives.
See below examples where an exemption can apply.
A church
A simple example is a church which is held by trustees whose main objects are the advancement of religion, and the church building is used in connection with these objects.
A property used for recreational purposes
The use of premises for recreation or other leisure time occupation may also be considered charitable if the facilities are provided in the interests of social welfare and are for the public benefit. A village hall or recreation centre often falls into this category.
Charity shop
A charity shop does not have to pay rates if it sells only donated goods. However, if they also sell goods bought wholesale the rateable valuation of the property will be apportioned on the basis of the respective turnover of donated and wholesale goods.
Examples where an exemption will not apply
Storage
Where the entire property is only used to store items that may be used in connection with the charitable objectives. Storage is not a charitable objective in itself and therefore exemptions cannot apply.
Vacant property
Where a charity has an agreement to make use of premises but has not yet taken up occupation. The period during which a property is being fitted out or is being held pending occupation is not in actual use for the charitable objectives. This timeframe may require rates to be paid until actual occupation and the eligibility criteria are proven to apply.
Property in shared use with other commercial activities
Where part of a property is occupied by a charity carrying out its charitable objectives, and part is used by a person or company running a commercial business. Those parts identified as being a commercial business will be liable to pay rates. Therefore, either party should advise LPS if such circumstances occur to ensure appropriate rating liability is being applied to the correct occupiers.
Property partly occupied by a charity
Where a charity has taken up occupation of a large property but only uses part of the premises. The vacant parts are not being used for the charitable objectives, so those areas cannot fulfil the eligibility criteria. The vacant parts may be apportioned and will attract commercial business rates payable by the occupier, usually the charity.
How to apply
The application process is in two stages (see below). The first stage is to complete an application. The second stage is to complete a questionnaire. You must submit both for your charitable exemption to be considered.
Stage 1:
When applying online select the following option: I wish to apply for a rate exemption or relief; The property or occupier is exempt from rates.
Or you can .
Stage 2 : Complete questionnaire
You will receive a confirmation email that contains a link to a questionnaire. This questionnaire must be completed and returned within two weeks of the date on which you submitted your application for a valuation review.
If you submitted your application via post and did not provide an email address then you will receive the questionnaire by post.
To complete the questionnaire, you will need:
- your valuation review reference number (this can be found on your confirmation email)
- details of the property and organisation/charity including NI Charity Commission Registration Number (if applicable) and HM Revenue & Customs (HMRC) Registration Number (if applicable)
- percentage of goods sold that are donated and percentage that are purchased for resale
- you may also need to provide 91香蕉黄色视频ing documents including:
- a copy of your constitution/ memorandum and articles of association/trust deed
- a copy of HMRC letter confirming recognition as a charity
- a copy of the latest accounts or recently signed treasurer鈥檚 report
- a copy of the current lease or tenancy agreement
Charitable Exemption for business rates is a complicated subject and it may be advisable to seek independent professional advice. Choose a solicitor for your business.
Further information
If you have a query regarding your business rates, .