# Tax rules clarified for buildings named after donors

- Link: https://fundraising.co.uk/2022/05/06/tax-rules-clarified-for-buildings-named-after-donors/
- Published: 2022-05-06T09:45:00+01:00
- Author: Melanie May

**The clarification is in response to confusion over whether the rules meant naming
buildings after donors could be regarded as a benefit.**

New guidance was introduced in August 2019 following a review by HMRC of the donor
benefit rules but concerns had been raised by charity advisors over ambiguity in
the section of the guidance relating to the naming of buildings.  This, it was felt,
could be interpreted as saying that the naming of a building after a donor who had
given a substantial amount towards its construction would be treated as a donor 
benefit.

The [Charity Tax Group](https://www.charitytaxgroup.org.uk/) (CTG) raised the matter
with HMRC, explaining that the new guidance appeared to be contrary to the long-
standing arrangement whereby the naming of a building was not treated as a benefit.

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HMRC has now confirmed that there had been no change in policy and issued revised
guidance. 

CTG Chair, Richard Bray, commented:

> “CTG is very grateful that, once the matter had been drawn to its attention, HMRC
> acted quickly and positively to clarify the situation.”

The guidance (in HMRC’s [Chapter 3](https://www.gov.uk/government/publications/charities-detailed-guidance-notes/chapter-3-gift-aid#chapter-319-things-that-are-not-a-benefit))
now states: 

**_Acknowledgements_**

3.19.1 An acknowledgement of an individual donor’s generosity, for example in a 
printed brochure or on a plaque. This must be a simple acknowledgement and not an
advertisement for a business or some form of business sponsorship. A commemorative
type plaque recording the name of the individual donor and that they provided a 
donation, would not be considered a benefit. However, a sign which also promoted
a business would be an advert and so would be considered a benefit.

**_Naming rights_**

3.19.8 Sometimes charities may want to name a building or part of a building after
an individual donor who’s provided a substantial donation to the charity. The principles
given in 3.19.1 apply here, and as long as the naming does not act as an advertisement
or sponsorship for a business, then the naming of the building or part of the building
after the individual donor would not be considered a benefit. If separate advertisement
or sponsorship agreements are entered into, these transactions would be outside 
the scope of the Gift Aid scheme.

 * **[Charity Tax Group welcomes updates to Gift Aid guidance](https://fundraising.co.uk/2022/10/24/charity-tax-group-welcomes-updates-to-gift-aid-guidance/)**(
   24 October 2022)
 * **[No new definition of charity for tax purposes](https://fundraising.co.uk/2014/07/02/new-definition-charity-tax-purposes/)**(
   2 July 2014)
 * **[New wording for Gift Aid declarations from HMRC](https://fundraising.co.uk/2015/10/28/new-wording-for-gift-aid-declarations-from-hmrc/)**(
   28 October 2015)
