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HMRC internal manual

Business Income Manual

From
HM Revenue & Customs
Updated
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Measuring the profits (particular trades): Lotteries promoted by sport supporters’ societies: specific conditions

S19(1) Gambling Act 2005 (GA 2005)

The treatment in BIM61601 should be applied where the fund-raising by the society satisfies both the following conditions:

  • the promoter makes clear the fraction or percentage of the purchase price of each ticket or chance which is being donated; and
  • the promoter makes clear the destination of the donation.

The promoter will be able to establish that this second condition is met:

  • by stating that the donation is to be given to ‘a club or body established and conducted wholly or mainly for one of the purposes specified in [S19(1) GA 2005]’, or
  • by stating the name(s) of the beneficiary or beneficiaries and listing the purposes or projects the money will be used for.

These purposes should fall within S19(1) GA 2005 which covers:

  • charitable purposes,
  • enabling participation in or support of sport, athletics or a cultural activity,
  • other non-commercial purposes, other than that of private gain.

The lottery promoter may find that identifying the actual beneficiaries and projects is the best method of attracting custom. Where there are multiple purposes/beneficiaries, it is acceptable to include the main ones and a statement such as: ‘a list of the good causes/other beneficiaries that will benefit from this donation is available from…’.