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Association of Church
   Accountants and Treasurers


TOPICAL ISSUES IN PCC FINANCE

 Lincoln Diocesan Treasurers’ Conference


            15th October 2011
OBJECTIVES

To provide a topical update on:

•   Legal and financial overview for PCCs
•   The role of the Treasurer
•   Principles of accounts
•   Annual Report
•   Independent examination
•   Gift Aid
•   VAT
•   Employment
•   The future of cheques?
LEGAL OVERVIEW
•   A PCC has charitable status - the members
      are trustees

•   A District Church Council is not a separate
      charity

•   Trustees can be liable for church debts
      (must act responsibly)

•   4 key tests for trustees -
            Honesty
            Acting reasonably
            Prudency
            Business-like
LEGAL OVERVIEW (cont)

•   Trustees are responsible for
      - keeping proper accounting records
      - preparing annual accounts
      - arranging examination

•   MUST aggregate the accounts for
     funds/activities under the PCC’s
     CONTROL

•   Trustees CANNOT delegate RESPONSIBILITY

•   Therefore, a Treasurer should not feel
      isolated!
REGISTRATION WITH CHARITY
    COMMISSION (ENGLAND & WALES)

•    PCCs with receipts above £100,000 pa
        required to register with the Charity
        Commission (CC)
•    Dispensation may be granted where
        threshold exceeded by an exceptional
        item – e.g. a legacy or building grant
•    Registration does not affect trustees’
        responsibilities and accounting
        requirements
•    PCC must submit an Annual Return to the
        CC
•    PCC must quote the charity number on
        letterheads etc
•    If not registered, PCC is an EXCEPTED charity
PRINCIPLES OF ACCOUNTS

Financial years ending AFTER 31 March 2009:

•    Annual receipts exceed £250,000 -
             ACCRUALS ACCOUNTS

•    Annual receipts less than £250,000 -
             can be RECEIPTS AND
             PAYMENTS ACCOUNTS
                   (accruals are optional)

•    Previous threshold - £100,000
FUNDS
Fundamental concept for charity accounts

•   Endowment funds
      Usually capital funds where only the income
            can be spent (can be examples of
            expendable endowment)
•   Restricted funds
      Purpose specified by the donor or
            the charity at the time of receipt
•   Unrestricted funds
      Available for general charitable
            purposes
•   Designated funds
      Set aside for specific purpose(s) –
            remain unrestricted
ENDOWMENT FUNDS
•   The Charities Act 2006 simplified the process
      whereby charities could expend
      endowment funds

•   Where a fund has a capital value less than
     £10,000 per annum and annual income less
     than £1,000, the PCC can pass a resolution
     to expend the capital

•   Where a fund has a value in excess of £10,000
     or annual income above £1,000, the PCC
     must seek Charity Commission consent in
     order to expend the capital
RESTRICTED FUNDS

•   Do not necessarily need separate bank
     accounts for each fund
        • need proper controls
        • avoid too many bank accounts!!

•   Where a church is seeking funding for a
    project, suggested clause for inclusion:
       “any surplus monies will be applied
        for the general purposes of the
        church”
ANNUAL REPORT

•   Key document

•   Demonstrates public benefit – for an
      individual church and within the charity
      sector
ANNUAL REPORT

• Purpose     • Celebrate
              • Inform
              • Point Forward
              • Public Relations


•   Format    • Easy to read
              • Words, Charts, Pictures
              • Group reports in appendix


•   Content   • A positive view of church life
              • Provide a clear vision
ANNUAL REPORT

                   MAIN SECTIONS


•   Objectives and activities

•   Achievements and performance

•   Financial review (inc Reserves policy)

•   Funds held as custodian trustee

•   Structure, governance and management

•   Reference and administration
ANNUAL REPORT - PLANNING




      CHURCH
ANNUAL REPORT - PLANNING




                 Home
                groups
 Worship

                            Local
              CHURCH       schools

Children’s
 group
                         Community
             Youth          hall
             group
ANNUAL REPORT - PLANNING


   Mid-
   week                               School
                          Home          A
                         groups                School
          Worship                                B

Sunday                               Local
  am                   CHURCH       schools
                                                 Visits to
                                                 Church
         Children’s
          group
                                  Community
                      Youth          hall
                      group
INDEPENDENT EXAMINATION



Independent Examination
• Gross income below £500,000 except when gross
      assets exceed £3.26 million and income
      exceeds £250,000

Audit
• Gross income above £500,000; or
• Gross assets above £3.26 million and gross
      income above £250,000
INDEPENDENT EXAMINATION


The Examiner

“ an independent person who is reasonably
       believed by the charity trustees to have the
       requisite ability and practical experience to
       carry out a competent examination of the
       accounts”

             Charities Act 1993 (section 43(3)(a))
INDEPENDENT EXAMINATION

The Examiner (continued)

• Not connected to the Trustees
• Should be formally appointed by the trustees
• Need not be a qualified accountant, but
       possess relevant knowledge
• Where gross income exceeds £250,000 must be
       member of a listed body (see 1993 Act).
       Some professional bodies (e.g. ICAEW AND
       ACCA) prohibit members who do not hold a
       practising certificate
• Can be paid a reasonable fee
GIFT AID
Scheme from 01 April 2000
•   Separate schemes for covenants and Gift Aid
       replaced by ONE Gift Aid procedure

•   An individual makes a declaration to -
        “treat ALL the donations I make from this
        date, and any I have made over the last four
        years, as gift aid donations until I notify you
        otherwise.”
GIFT AID (cont)
General principles

•   Applies only to those who pay tax
•   Either Income Tax or Capital Gains Tax
•   Must pay sufficient tax in the relevant year to
        cover the tax reclaimed
•   Interim claims can be made during year
•   From April 2010 time limit of 4 years to
        make a claim (previously 6 yrs). 2 year
        limit for transitional assistance.
•   Donations must be freely given money gifts
        (cash, cheques, bank transfers etc)
GIFT AID (cont)
General principles (continued)
• Higher rate taxpayers can claim back their
      marginal rate (minimum 20%) thereby able
      to increase their donation
• Make the most of occasional services
      (weddings, baptisms, funerals) and
      visitors
• Keep envelopes (and pens) available
• Try to give time at beginning of service to
      complete details
GIFT AID (cont)
Current topics

•   Tax rate reduced from 22% to 20% from 6
        April 2008
•   3 year transitional scheme to pay the
        difference. Claim at the rate of 20% tax
        rate – HMRC to add the difference (to 22%).
        Transitional relief ended 5 April 2011
•   Donations £10 and under can be aggregated
        up to a total of £500
GIFT AID (cont)
Current topics continued (2011 Budget)

•   From April 2013, charities able to claim gift aid
        on cash donations up to a total of £5,000 per
        annum WITHOUT any evidence that the
        donors are taxpayers
•   Intelligent electronic forms to be introduced
        for claims (check arithmetic etc)
•   On-line facility for claims from 2012/13
•   Develop an on-line database for Gift Aid
        declarations
BUDGET – 23 MARCH 2011
KEY FEATURES FOR CHURCHES

•   Gift Aid (see earlier slide)

•   Inheritance tax – from 6 April 2012 rate of
        40% to be reduced to 36% where a
        minimum of 10% of the estate has been left
        to charity

•   Approved mileage allowance on first 10,000
       miles per annum increased from 40p to
        45p per mile from 6 April 2011.
VALUE ADDED TAX


•   In general VAT cannot be reclaimed

•   Improvements or alterations to a listed
       Church - ZERO rate for VAT

•   New build work for ALL churches is ZERO rated

•   Listed Places of Worship Grant Scheme
        (see later slide)
VALUE ADDED TAX
            (cont)

•   Construction work for disabled access /
       facilities can be ZERO rated for ALL
       charities

•   ALL charities - 5% VAT on gas and
       electricity, and insulation materials

•   ALL charities– all advertising should be
       ZERO rated
VAT – LISTED PLACES OF
       WORSHIP GRANT SCHEME

•   ONLY applies to LISTED churches
•   VAT paid to the contractor – refunded
        by grant
•   Net 5% VAT rate – 01.04.01 to 31.03.04
•   ZERO VAT – from 01.04.04 to 31.03.11 (i.e.
        FULL VAT refund)
•   Scheme extended until 31.03.15 – see next
        slide
VAT – LISTED PLACES OF
      WORSHIP GRANT SCHEME
              With effect from 01.04.11

•   There will be a quarterly fixed budget.
•   Payments will be made once per quarter and
        the rate payable will depend on the value of
        eligible claims in that quarter, with each
        claim attracting a pro-rata payment.
•   First payment under new scheme will be in
        September 2011.
•   Supporting invoices cannot be more than
        one year old.
•   Estimated £24 m claimed in 2010/11
•   Indication of £12 m available for 2011/12
VAT – REPAIRS GRANT SCHEME
                (cont)
• Principally relates to the FABRIC of the building
(walls, roof, floor, doors, windows)
• Includes services RELATING to repair works (e.g.
plumbing, electrical)
•For work after 22.03.06 and until 31.12.10 the
scheme included:
    pipe organ               clocks
    fitted pews              investigative works
     bell frames, bells &    professional fees
            ropes
      Claims for these must have been by 31.12.10
VAT – REPAIRS GRANT
         SCHEME (cont)


Excludes –

•   floor covering
•   non-fixed pews
•   external work (paving, boundary walls etc)
•   categories on previous slide PRIOR to
        22.03.06 AND after 31.12.10
EMPLOYMENT ISSUES
• Is the person an employee or self-employed?
       • Control over the work?
       • Ability to delegate?
       • Mutuality of obligation?


• Guidance on employment status – see
     www.hmrc.gov.uk

• Must consider need for –
           Contract of Employment
           Job Description
EMPLOYMENT (cont)
When person is confirmed as an employee:

• Who is the employer? May not be straight-
      forward, e.g. ecumenical partnership
• Churches with employees must register with
      Inland Revenue
• Payroll bureau may be appropriate
• Minimum wage - £6.08 per hour
      (from 1 Oct 2011) – aged 21 and over
• Recommended “living wage” (Church Action on
      Poverty) - £7.60 per hour (outside London)
EMPLOYMENT (cont)
     PAYE/NI for Local Religious Centres (LRCs)

•   Only applicable to churches not already
       registered for PAYE. If registered,
       queries must be directed to its tax office

•   Lower earnings limit for NI and PAYE - £110 per
       week in 2010/11 (annual review)

•   Usually no tax charge for expenses

•   However, travel to and from the LRC is not an
       allowable expense if paid with a fee
EMPLOYMENT (cont)
                  EXAMPLE



Funding a Youth Worker for 3 years

      Salary £18,000 pa x 3 = £54,000


What about extra costs?
EMPLOYMENT (cont)
              EXAMPLE (continued)

• Recruitment costs (e.g. Church Press)


• Employers National Insurance
     (from 06.04.11 = 13.8% of earnings
           above £136 per week)

      On £18,000 pa = £1,508 per annum
EMPLOYMENT (cont)
              EXAMPLE (continued)
Employers pension contributions
  • NOT compulsory at present. Scheduled to
     change with the National Employment
     Savings Trust (NEST). Phased
     implementation from 2012 – minimum
     employer’s contribution likely to be 3% of
     Gross Pay (employee’s 4%)
  • Traditional defined benefit schemes are
     very expensive
  • Church may elect to pay, say, 5% of
     Gross Pay:- £900 p.a. in Year 1 in
     this example
EMPLOYMENT (cont)
EXPENSES IN YEAR 1                   £


Travelling                            400
Training                              360
Equipment                             600
Stationery, telephone etc             720
                                     2,080
Assume 3% pa increases in Years 2 and 3

Avoid “round sum” allowances
EMPLOYMENT (cont)
Allow for potential statutory redundancy pay

e.g.   Employee under 41 years of age – 1.0
       week’s pay for each year of service

       Employee over 41 years of age – 1.5
       week’s pay

       In this example –
              over 41 years of age = £1,800
                          (4.5 wks x £400*)

             * Current maximum Statutory
                   Redundancy Pay per week
EMPLOYMENT (cont)
                 Year 1   Year 2   Year 3   TOTAL
                   £        £        £        £
Gross            18,000   18,540   19,096 55,636
NI                1,508    1,553    1,600    4,661
Recruitment       1,000        0        0    1,000
Pension             900      927      955    2,782
Expenses          2,080    2,142    2,206    6,428
Potential
redundancy pay        0        0        0  1,800
TOTAL            23,488   23,162   25,657 72,307
THE FUTURE OF CHEQUES?


•   The Payments Council has indicated it will make
       a decision in 2016 to end the present system
       of cheque clearing in 2018 if there is an
       acceptable alternative system in place.

•   On 15 June 2011 Mark Hoban (Financial
       Secretary to the Treasury) said that he did
       not believe that there is a credible and
       coherent case for abolishing cheques.

•   More discussions to follow ………………
REVIEW
Reviewed

•   Legal and financial overview for PCCs
•   The role of the Treasurer
•   Principles of accounts
•   Annual Report
•   Independent examination
•   Gift Aid
•   VAT
•   Employment
•   The future of cheques

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Acat presentation 15.10.11

  • 1. Association of Church Accountants and Treasurers TOPICAL ISSUES IN PCC FINANCE Lincoln Diocesan Treasurers’ Conference 15th October 2011
  • 2. OBJECTIVES To provide a topical update on: • Legal and financial overview for PCCs • The role of the Treasurer • Principles of accounts • Annual Report • Independent examination • Gift Aid • VAT • Employment • The future of cheques?
  • 3. LEGAL OVERVIEW • A PCC has charitable status - the members are trustees • A District Church Council is not a separate charity • Trustees can be liable for church debts (must act responsibly) • 4 key tests for trustees - Honesty Acting reasonably Prudency Business-like
  • 4. LEGAL OVERVIEW (cont) • Trustees are responsible for - keeping proper accounting records - preparing annual accounts - arranging examination • MUST aggregate the accounts for funds/activities under the PCC’s CONTROL • Trustees CANNOT delegate RESPONSIBILITY • Therefore, a Treasurer should not feel isolated!
  • 5. REGISTRATION WITH CHARITY COMMISSION (ENGLAND & WALES) • PCCs with receipts above £100,000 pa required to register with the Charity Commission (CC) • Dispensation may be granted where threshold exceeded by an exceptional item – e.g. a legacy or building grant • Registration does not affect trustees’ responsibilities and accounting requirements • PCC must submit an Annual Return to the CC • PCC must quote the charity number on letterheads etc • If not registered, PCC is an EXCEPTED charity
  • 6. PRINCIPLES OF ACCOUNTS Financial years ending AFTER 31 March 2009: • Annual receipts exceed £250,000 - ACCRUALS ACCOUNTS • Annual receipts less than £250,000 - can be RECEIPTS AND PAYMENTS ACCOUNTS (accruals are optional) • Previous threshold - £100,000
  • 7. FUNDS Fundamental concept for charity accounts • Endowment funds Usually capital funds where only the income can be spent (can be examples of expendable endowment) • Restricted funds Purpose specified by the donor or the charity at the time of receipt • Unrestricted funds Available for general charitable purposes • Designated funds Set aside for specific purpose(s) – remain unrestricted
  • 8. ENDOWMENT FUNDS • The Charities Act 2006 simplified the process whereby charities could expend endowment funds • Where a fund has a capital value less than £10,000 per annum and annual income less than £1,000, the PCC can pass a resolution to expend the capital • Where a fund has a value in excess of £10,000 or annual income above £1,000, the PCC must seek Charity Commission consent in order to expend the capital
  • 9. RESTRICTED FUNDS • Do not necessarily need separate bank accounts for each fund • need proper controls • avoid too many bank accounts!! • Where a church is seeking funding for a project, suggested clause for inclusion: “any surplus monies will be applied for the general purposes of the church”
  • 10. ANNUAL REPORT • Key document • Demonstrates public benefit – for an individual church and within the charity sector
  • 11. ANNUAL REPORT • Purpose • Celebrate • Inform • Point Forward • Public Relations • Format • Easy to read • Words, Charts, Pictures • Group reports in appendix • Content • A positive view of church life • Provide a clear vision
  • 12. ANNUAL REPORT MAIN SECTIONS • Objectives and activities • Achievements and performance • Financial review (inc Reserves policy) • Funds held as custodian trustee • Structure, governance and management • Reference and administration
  • 13. ANNUAL REPORT - PLANNING CHURCH
  • 14. ANNUAL REPORT - PLANNING Home groups Worship Local CHURCH schools Children’s group Community Youth hall group
  • 15. ANNUAL REPORT - PLANNING Mid- week School Home A groups School Worship B Sunday Local am CHURCH schools Visits to Church Children’s group Community Youth hall group
  • 16. INDEPENDENT EXAMINATION Independent Examination • Gross income below £500,000 except when gross assets exceed £3.26 million and income exceeds £250,000 Audit • Gross income above £500,000; or • Gross assets above £3.26 million and gross income above £250,000
  • 17. INDEPENDENT EXAMINATION The Examiner “ an independent person who is reasonably believed by the charity trustees to have the requisite ability and practical experience to carry out a competent examination of the accounts” Charities Act 1993 (section 43(3)(a))
  • 18. INDEPENDENT EXAMINATION The Examiner (continued) • Not connected to the Trustees • Should be formally appointed by the trustees • Need not be a qualified accountant, but possess relevant knowledge • Where gross income exceeds £250,000 must be member of a listed body (see 1993 Act). Some professional bodies (e.g. ICAEW AND ACCA) prohibit members who do not hold a practising certificate • Can be paid a reasonable fee
  • 19. GIFT AID Scheme from 01 April 2000 • Separate schemes for covenants and Gift Aid replaced by ONE Gift Aid procedure • An individual makes a declaration to - “treat ALL the donations I make from this date, and any I have made over the last four years, as gift aid donations until I notify you otherwise.”
  • 20. GIFT AID (cont) General principles • Applies only to those who pay tax • Either Income Tax or Capital Gains Tax • Must pay sufficient tax in the relevant year to cover the tax reclaimed • Interim claims can be made during year • From April 2010 time limit of 4 years to make a claim (previously 6 yrs). 2 year limit for transitional assistance. • Donations must be freely given money gifts (cash, cheques, bank transfers etc)
  • 21. GIFT AID (cont) General principles (continued) • Higher rate taxpayers can claim back their marginal rate (minimum 20%) thereby able to increase their donation • Make the most of occasional services (weddings, baptisms, funerals) and visitors • Keep envelopes (and pens) available • Try to give time at beginning of service to complete details
  • 22. GIFT AID (cont) Current topics • Tax rate reduced from 22% to 20% from 6 April 2008 • 3 year transitional scheme to pay the difference. Claim at the rate of 20% tax rate – HMRC to add the difference (to 22%). Transitional relief ended 5 April 2011 • Donations £10 and under can be aggregated up to a total of £500
  • 23. GIFT AID (cont) Current topics continued (2011 Budget) • From April 2013, charities able to claim gift aid on cash donations up to a total of £5,000 per annum WITHOUT any evidence that the donors are taxpayers • Intelligent electronic forms to be introduced for claims (check arithmetic etc) • On-line facility for claims from 2012/13 • Develop an on-line database for Gift Aid declarations
  • 24. BUDGET – 23 MARCH 2011 KEY FEATURES FOR CHURCHES • Gift Aid (see earlier slide) • Inheritance tax – from 6 April 2012 rate of 40% to be reduced to 36% where a minimum of 10% of the estate has been left to charity • Approved mileage allowance on first 10,000 miles per annum increased from 40p to 45p per mile from 6 April 2011.
  • 25. VALUE ADDED TAX • In general VAT cannot be reclaimed • Improvements or alterations to a listed Church - ZERO rate for VAT • New build work for ALL churches is ZERO rated • Listed Places of Worship Grant Scheme (see later slide)
  • 26. VALUE ADDED TAX (cont) • Construction work for disabled access / facilities can be ZERO rated for ALL charities • ALL charities - 5% VAT on gas and electricity, and insulation materials • ALL charities– all advertising should be ZERO rated
  • 27. VAT – LISTED PLACES OF WORSHIP GRANT SCHEME • ONLY applies to LISTED churches • VAT paid to the contractor – refunded by grant • Net 5% VAT rate – 01.04.01 to 31.03.04 • ZERO VAT – from 01.04.04 to 31.03.11 (i.e. FULL VAT refund) • Scheme extended until 31.03.15 – see next slide
  • 28. VAT – LISTED PLACES OF WORSHIP GRANT SCHEME With effect from 01.04.11 • There will be a quarterly fixed budget. • Payments will be made once per quarter and the rate payable will depend on the value of eligible claims in that quarter, with each claim attracting a pro-rata payment. • First payment under new scheme will be in September 2011. • Supporting invoices cannot be more than one year old. • Estimated £24 m claimed in 2010/11 • Indication of £12 m available for 2011/12
  • 29. VAT – REPAIRS GRANT SCHEME (cont) • Principally relates to the FABRIC of the building (walls, roof, floor, doors, windows) • Includes services RELATING to repair works (e.g. plumbing, electrical) •For work after 22.03.06 and until 31.12.10 the scheme included: pipe organ clocks fitted pews investigative works bell frames, bells & professional fees ropes Claims for these must have been by 31.12.10
  • 30. VAT – REPAIRS GRANT SCHEME (cont) Excludes – • floor covering • non-fixed pews • external work (paving, boundary walls etc) • categories on previous slide PRIOR to 22.03.06 AND after 31.12.10
  • 31. EMPLOYMENT ISSUES • Is the person an employee or self-employed? • Control over the work? • Ability to delegate? • Mutuality of obligation? • Guidance on employment status – see www.hmrc.gov.uk • Must consider need for – Contract of Employment Job Description
  • 32. EMPLOYMENT (cont) When person is confirmed as an employee: • Who is the employer? May not be straight- forward, e.g. ecumenical partnership • Churches with employees must register with Inland Revenue • Payroll bureau may be appropriate • Minimum wage - £6.08 per hour (from 1 Oct 2011) – aged 21 and over • Recommended “living wage” (Church Action on Poverty) - £7.60 per hour (outside London)
  • 33. EMPLOYMENT (cont) PAYE/NI for Local Religious Centres (LRCs) • Only applicable to churches not already registered for PAYE. If registered, queries must be directed to its tax office • Lower earnings limit for NI and PAYE - £110 per week in 2010/11 (annual review) • Usually no tax charge for expenses • However, travel to and from the LRC is not an allowable expense if paid with a fee
  • 34. EMPLOYMENT (cont) EXAMPLE Funding a Youth Worker for 3 years Salary £18,000 pa x 3 = £54,000 What about extra costs?
  • 35. EMPLOYMENT (cont) EXAMPLE (continued) • Recruitment costs (e.g. Church Press) • Employers National Insurance (from 06.04.11 = 13.8% of earnings above £136 per week) On £18,000 pa = £1,508 per annum
  • 36. EMPLOYMENT (cont) EXAMPLE (continued) Employers pension contributions • NOT compulsory at present. Scheduled to change with the National Employment Savings Trust (NEST). Phased implementation from 2012 – minimum employer’s contribution likely to be 3% of Gross Pay (employee’s 4%) • Traditional defined benefit schemes are very expensive • Church may elect to pay, say, 5% of Gross Pay:- £900 p.a. in Year 1 in this example
  • 37. EMPLOYMENT (cont) EXPENSES IN YEAR 1 £ Travelling 400 Training 360 Equipment 600 Stationery, telephone etc 720 2,080 Assume 3% pa increases in Years 2 and 3 Avoid “round sum” allowances
  • 38. EMPLOYMENT (cont) Allow for potential statutory redundancy pay e.g. Employee under 41 years of age – 1.0 week’s pay for each year of service Employee over 41 years of age – 1.5 week’s pay In this example – over 41 years of age = £1,800 (4.5 wks x £400*) * Current maximum Statutory Redundancy Pay per week
  • 39. EMPLOYMENT (cont) Year 1 Year 2 Year 3 TOTAL £ £ £ £ Gross 18,000 18,540 19,096 55,636 NI 1,508 1,553 1,600 4,661 Recruitment 1,000 0 0 1,000 Pension 900 927 955 2,782 Expenses 2,080 2,142 2,206 6,428 Potential redundancy pay 0 0 0 1,800 TOTAL 23,488 23,162 25,657 72,307
  • 40. THE FUTURE OF CHEQUES? • The Payments Council has indicated it will make a decision in 2016 to end the present system of cheque clearing in 2018 if there is an acceptable alternative system in place. • On 15 June 2011 Mark Hoban (Financial Secretary to the Treasury) said that he did not believe that there is a credible and coherent case for abolishing cheques. • More discussions to follow ………………
  • 41. REVIEW Reviewed • Legal and financial overview for PCCs • The role of the Treasurer • Principles of accounts • Annual Report • Independent examination • Gift Aid • VAT • Employment • The future of cheques