Commission likely to produce guidance on Equality Act 1
Tags: Law | Regulation
Julian Smith
Julian Smith is a partner at Farrer & Co. He cut his teeth at the firm, qualified in 1994, was a solicitor in the charity and community team 1994-2000 and then became a partner in 2000.
He now leads the law firm's charity and community team and is a member of its museums and galleries and tax groups. He specialises in advising charities and non-departmental public bodies.
Smith is the co-author of The Charities Act 2006: A Practitioner’s Guide published by Legalease Ltd and has replaced Judith Hill as consultant editor of Peter Luxton’s The Law of Charities, published by Oxford University Press.
He is a member of the Committee of the Charity Law Association and is a regular member of CLA Working Parties responding to the Charity Commission’s consultations, most recently on topics arising out of the Charities Act 2006. He is also chair of its Standing Committee on Taxation, which responds to tax consultations of relevance to the voluntary sector.
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The Charity Commission has said it is likely to produce guidance to help charities ensure they do not breach the Equality Act, after a group of leading lawyers warned that many charities could find themselves operating outside the law when the Act is introduced later this year.
Julian Smith examines the tax consequences for your charity should the Charity Commission decide it doesn't adequately meet the public benefit test.
HMRC has decided that those charities that are deemed by the Charity Commission not to be meeting the public benefit test when they are assessed, but who reorganise themselves and eventually make the grade, will not lose their tax reliefs for the period they were deemed to be failing.
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