Live!
Fri 03 Sep 2010
- The award-winning student news website of Imperial College

NOTICE: Due to a large amount of spam, a new CAPTCHA has been added to the discussion form. You will need to correctly fill in the two words shown in the image each time you submit a comment. Failure to do so may result in the loss of everything you have typed, so please don't forget this bit.

Live! - News

ICU could lose charitable status

Jan 08 2002 22:14
Oliver Pell
A recent court ruling could lead to clubs and societies across the country having to pay corporation tax.
The appeal by the University of Leicester Students Union was rejected by the 3 judges.

A judgement from the Court of Appeal made on the 21st of December 2001 could have very serious consequences for the way that Imperial College Union operates. Lord Justice Peter Gibson, Lady Justice Arden and Mr Justice Morland rejected an appeal by the University of Leicester Students Union against a previous decision in favour of Customs and Excise that the union should be required to charge VAT on sales of soft drinks to students.

The basis of the Leicester Union's appeal was that the Union was an integral part of the university, and thus covered by the university's charitable status - a view shared by all student unions across the country. This appeal was rejected by the court, which concluded that the Union and the university were in fact separate organisations.

Unlike universities, which can register as charities because of their status as educational institutions, students unions do not fulfil any of the possible criteria for charitable status. Losing charitable status would affect not just VAT exemptions but a variety of other taxes as well - including Corporation Tax. This could lead to clubs and societies being required to pay Corporation Tax on the profit they make from events. When asked about the situation, ICU President Sen Ganesh said "this could be a big problem."

In his judgement, Mr Justice Morland said that "I had hoped that it would have been possible for the appeal to be allowed. Student Unions undertake a very important and worthwhile role in furthering the interests of students and the effectiveness of their University education." However, Imperial College Union may have a 'get-out' clause in the College's Royal Charter which explicitly states that the union should be treated solely as an integral part of the university (something that is hammered into those victims unlucky enough to be exposed to an ICU officer training course).

The Court ruling might very well take precedence over the Royal Charter, but, as one senior ICU figure said: "we are planning to lie low and see what happens."

Email this Article | Share on Facebook | Print this Article

Discussion about “ICU could lose charitable status”

The comments below are unmoderated submissions by Live! readers. The Editor accepts no liability for their content, nor for any offence caused by them. Any complaints should be directed to the Editor.
1. Sam   
Jan 09 2002 10:38
 

I had this funny feeling the ICU and IC were seperate "exempt" charities already...

Maybe that makes a difference, because at Leicester, the Union did not have it's own seperate status.

But then again, i could be totally wrong, it's been known to happen you know...

Jan 09 2002 16:15
 

The Royal Charter [http://www.ad.ic.ac.uk/secretariat/charter/index.htm#charter] and Statutes of the College [http://www.ad.ic.ac.uk/secretariat/charter/index.htm#icu] state that 'In so far as it shall further the educational purposes of the College, there shall be a Students' Union of the College (hereinafter referred to as "the Imperial College Union") for the benefit of the students of the College and in their interests as students.'

That's what makes us different from many other student unions - we are the same legal personality as the College.

Incidentally, the case in Leicester has bugger all to do with clubs and societies - it's all to do with Catering outlets being forced to charge VAT on drinks bought with food.

Jan 09 2002 16:44
 

I never said the case in Leicester was to do with clubs and societies! If I remember correctly, the Leicester case was actually triggered by the Union trying to *recover* VAT it had already paid to Customs and Excise after deciding that actually it was exempt. The basis of the decision was that the union was entirely seperate from the university, and this has serious implications if applied across the country - although, as you correctly point out (and as I did in the article), ICU is defined as part of the college in the charter.

Jan 09 2002 18:27
 

ICU is exempt - IC fulfils its requirements under the 1994 Education Act in a different way to the University of Leicester. It's one (single) advantage of our historical relationship with the Univerisity of London, as it now makes us safe in the future...

However - ULU is not... (mwoorhahahahahahahahah)

Closed This discussion is closed.

Please contact the Live! Editor if you would like this discussion topic re-opened.

 
Live!

Also In News

  1. Imperial Terror Link
    08 Jan 02 | News
  2. ICU webserver is back!
    07 Jan 02 | News
  3. Bo’ to go to France?
    04 Jan 02 | News

See Also

  1. Moving Home
    08 Jan 02 | Random Rant
  2. “We do not take Euros”
    04 Jan 02 | News
  3. Designed To Live On Luck?
    13 Dec 01 | Random Rant

Live! Poll

Will England win the World Cup?





Live!