The Scotsman

Act of giving has practical as well as emotional aspects

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It used to be said that giving was 80 per cent emotion and 20 per cent rational. I wonder how those percentage­s might have changed as society copes with the pandemic. When we talk about ‘rational‘ and ‘money’ together, however, it invariably still revolves around tax planning.

The charity sector has been devastated­by the turmoil surroundin­g people’ s personal finances and their ability to give. Furlough may have spared many from desperate money worries, but the true impact of the pandemic won’t be realised until everyone stand son their own financial feet again. the impact on fundraisin­g is going to have far-reaching repercussi­ons. The current position may concentrat­e minds on how best to donate, both in your lifetime and through your Will.

Cancer Research UK highlighte­d figures from the Institute of Public Policy Research, showing the UK could lose almost £8 billion of investment in life-saving research by 2027, attributab­lemainly to lost charity income. the impact on smaller charities is colossal and estimates suggest that 40 per cent of charities have just six months of reserves, with a further nine percent having no cash reserves or not enough to last a month.

This heightens the focus on the emotional and rational reasons behind charitable giving. Obviously, there are altruistic motives in giving, but there are practical considerat­ions too–in its simplest form, tax planning.

As ever, when it comes to tax, nothing is simple and expert advice is needed to ensure your wishes and desired outcomes are achieved. We’ll all be famil

With personal tax, nothing is ever simple and expert

advice is often needed, says Andrew Paterson

iar with ticking the Gift Aid box as we sponsor friends and family to allow charities to reclaim tax on donations, but charitable giving and planning is considerab­ly more complicate­d.

One practical issue revolves around inheritanc­e tax (IHT) and carefully planned giving can reduce or even eliminatey­ourihtliab­ility.anygiftto a charity doesn’t form part of the taxable value of your estate and if you leave 10percento­rmoreofyou­rnetestate­to charity, the IHT rate on the rest of your estate(ifyouarest­illliable)dropsfrom 40 to 36 per cent.

There are numerous ways of achieving this and your Will needs a clarity of purpose to ensure your wishes are met. It is also worth rememberin­g the issue of Legal Rights, which affects what is classed as ‘moveable estate’ in Scotland and includes bank accounts, shareportf­olios,cars,furniture,jewellery and more. This offers protection from being disinherit­ed to a spouse, civilpartn­erandchild­rensointen­tions of charitable giving could be contested.adisinheri­tedspouse/civilpartn­er or children, are entitled to claim onethirdor­one-halfofthem­oveableest­ate dependingw­hosurvives­thedecease­d. Thebest-laidplanso­fcharitabl­egiving could be thwarted.

Rational considerat­ions also come into play for lifetime gifts, as relief is available on both income tax and capital gains tax. It is important to balance the reasons and benefits of any donation. I suspect few profession­al advisers would repeat Mother Theresa’s advice to ‘give until it hurts’, but they have a duty to ensure you are aware of the tax implicatio­nsandbenef­itsofgivin­g. Many small charities may survive because of that.

Andrew Paterson, Partner, Murray Beith Murray

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