Before a charity can reclaim tax on a donation received from an individual, it must have received a Gift Aid declaration from the donor. Without this declaration, a donation from an individual won’t qualify as a Gift Aid donation.
A Gift Aid declaration must:
- state the donor’s name and home address
- name the charity
- identify the gift or gifts to which the declaration relates (for example, a particular donation or all donations)
- confirm that the identified gift or gifts are to be treated as Gift Aid donations
In addition, in order for a Gift Aid declaration to be valid, the charity must give and be able to demonstrate it has given an adequate explanation to the donor of the personal tax implications associated with making a Gift Aid donation (see paragraph 3.5) including the responsibility to pay any difference. This explanation can be included on a Gift Aid declaration but can also be made separately.
Gift Aid declarations can be given in writing (including by email, fax, or text message) or orally (in person or by telephone). A declaration can cover a single donation or any number of donations.
Donors are able to give the charity a declaration:
- in advance of their donation
- at the time of their donation
- at any time after their donation subject to the normal time limit within which tax can be reclaimed
Find out more information on time limits for making a claim.
A charity must keep adequate records to be able to show a clear link between an individual’s donation and the Gift Aid declaration made by the individual. This is referred to as an audit trail and enables HMRC to trace a donation back to the donor to ensure that they’ve paid sufficient tax to cover the tax that is reclaimed by the charity.
A charity may want to add further information and notes of its own on a declaration form. HMRC has no objection to this or to the inclusion of a declaration in other documents, such as standing order mandates provided the statutory requirements for a Gift Aid declaration are met.
HMRC doesn’t produce an official form for Gift Aid declarations, so a charity can design its own. But the HMRC website contains a model Gift Aid declaration and it’s recommended that charities use the model adapted, as appropriate, to reflect the period of the intended Gift Aid donation(s).
The notes at the foot of the declaration are purely explanatory and can be omitted if you wish.
Many charities believe a signature makes an individual more committed to their charity. However, there’s no requirement for a declaration to contain a signature and so the ‘signature requirement’ can be removed if you wish.
The declaration doesn’t require a date but a date serves to identify the period covered by the Gift Aid declaration and where this isn’t otherwise clear from the terms of the declaration it’s necessary to include a request for a date.
The charity must tell a donor of the tax implications of making a Gift Aid donation. The charity can choose to leave the tax explanation on their Gift Aid declaration or omit it. If it’s omitted then the charity must ensure that they clearly explain the donor’s tax requirement to their donors and are able to demonstrate to HMRC that they’ve done so.
A statement that ‘I am a UK taxpayer’ isn’t sufficient to meet the charity’s requirement to advise a donor of the tax implications of making a Gift Aid donation. A full explanation is essential to protect the individual donor and the charity. If the donor hasn’t paid enough tax to cover the tax deducted from their Gift Aid donation(s), HMRC may ask the donor to pay the difference in tax and donors must be made aware of this. If the explanation is insufficient the Gift Aid declaration won’t be valid and the charity may need to repay tax to HMRC.
There’s no need for a charity to get approval from HMRC for own-design declarations – but HMRC will review proposed designs on request.