Why the charities tax scandal might lead to more transparency

The new legislation just might work.

We have all seen the stories in which celebrities have been named and shamed for participation in tax avoidance schemes. While some individuals have not always been blameless, the press can evoke similar righteous indignation with lurid tales of tax evasion involving innocent charities in the offshore world.

Tax evasion is not strictly the raison d’être of these enterprises, but there is rarely an innocent motive and is often used as a means of concealing identities. The charity is named as the beneficiary of an offshore trust although the charity itself never receives money from the trust and often, does not even know of the trust’s existence. Instead, the trustees exercise their power to add beneficiaries to benefit an individual who is not named in the trust deed although the charity gets nothing.

As the recent tax evasion stories demonstrate, these unregulated pseudo-charitable structures can be hijacked for shady purposes, and the surrounding press coverage saps one’s confidence in genuine charitable trusts. But could the new legal entity created specifically for charities cast a ray of light to dispel the gloom?

The Charitable Incorporated Organisation (CIO) was introduced in the Charities Act 2006 and, after a frustratingly long gestation period, was finally brought into being in the Charities Act 2011. The first CIOs were registered in December 2012 and since then, the Charity Commission has seen a steady rise in applications.  

The CIO is a corporate entity with a separate legal personality which, like its stablemate, the charitable company (usually limited by guarantee rather than shares), can contract and hold property in its own name and is regulated by the Charity Commission.

One advantage of a CIO as compared with the standard charitable companies is that the latter is subject to dual burden of regulation by the Charity Commission and Companies House. A CIO’s charity trustees and members have limited liability, which protects the trustee or members from incurring personal liability for any debts incurred by the charity, whereas charity trustees are lumbered with personal and (subject to the terms of the trust) unlimited liability. 

Although the delay has elicited caution in many charities considering conversion to CIO status and there is a sense that the CIO is, as yet, untested, the negative headlines linking charitable trusts (albeit incorrectly) to tax evasion may well encourage charities to move to a more transparent structure. Could the CIO yet blossom in May?

Emily O'Donnell is at private client law firm Maurice Turnor Gardner LLPRead more: Charitable giving fell by 20% in 2011-12

This story first appeared in Spear's magazine.

Photograph: Getty Images

This is a story from the team at Spears magazine.

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Inside the Momentum rally: meet the Jeremy Corbyn supporters challenging Labour’s rebel MPs

The Labour leader's followers had been waiting a long time for him to come along. 

Ed Miliband’s leadership of the Labour Party is at stake. As the news filters through the party’s branches, hundreds of thousands sign petitions in his support. But this is no online craze. By evening, thousands of diehard fans have gathered in Parliament Square, where they shout “Ed, Ed, Ed,” to the beat of a drum. Many swear Ed was the only thing keeping them in the Labour Party. They can’t imagine supporting it without him.

Am I stretching your credibility? Even a Milifan would be hard pressed to imagine such a scene. But this is precisely Labour’s problem. Only Jeremy Corbyn can command this kind of passion.

As the Shadow Cabinet MPs began to resign on Sunday, Momentum activists sprang into action. The rally outside Parliament on Monday evening  was organised with only 24 hours notice. The organisers said 4,000 were there. It certainly felt to me like a thousand or more were crammed into the square, and it took a long time to push through to the front of the crowd. 

In contrast to the whispered corridor conversations happening across the road, the Corbyn fans were noisy. Not only did they chant Jeremy’s name, they booed any mention of the Parliamentary Labour Party and waved signs denouncing rebel MPs as “scabs”. Other posters had a whiff of the cult about them. One declared: “We love Jeremy Corbyn”. Many had the t-shirt. 

“Jeremy Corbyn brought me back into the Labour Party,” Mike Jackson, one of the t-shirt wearers, told me. He had voted Remain, but he didn’t care that the majority of the Shadow Cabinet had resigned. “He’s got a new Shadow Cabinet. It’s more diverse, there are working class voices at last, there are women, the BME community. It is exactly how it should be.” Another man simply told me: “I am here for Corbyn.”

The crowd was diverse, but in the way a university campus is diverse, not a London street or school playground. They shouted angry slogans, then moved aside obligingly for me to pass through. Jack, a young actor who did not want to give his full name, told me: “I used to vote Green. I am joining Labour because of Jeremy Corbyn. I like the guy. He listens. I have seen friends frustrated with him, but I really think he can do it.”

Syada Fatima Dastagir, a student, has supported Labour for years - “Old Labour”. She thought Corbyn would survive the coup: “I voted Green and Plaid Cymru, because I didn’t think Labour supported its roots. This has brought Labour back to its roots.”

This belief that Jezza will overcome was present everywhere in the crowd. When I asked Momentum organiser Sophie Nazemi if she thought Corbyn would go, she replied: “He won’t.”

She continued: “It is important that we demonstrate that if there is a leadership election, Jeremy will win again. It will be three months of distraction we don’t need when there is likely to be an election this year.”

Instead of turning on Corbyn, Labour should be focused on campaigning for better local housing stock and investment in post-industrial towns, she said. 

Whatever happens, she said Momentum would continue to build its grassroots organisation: “This is more than just about Jeremy, whilst Jeremy is our leader.”

As I moved off through the chanting crowds, I remembered bumping into Corbyn at an anti-austerity march just a year ago. Although he had thrown his hat into the ring for Labour leadership, he was on his own, anonymous to most of the passers by. In the year that has passed, he has become the figurehead of an unlikely cult.

Nevertheless, it was also clear from the people I spoke to that they have been waiting ages for him to come along. In other words, they chose their messiah. The PLP may try to bury him. But if these activists have their way, he’ll rise again.