Orchestra Tax Relief: not-for-profit organisations: indirect tax: Value Added Tax
Qualifying not-for-profit organisations pay VAT on supplies made to them. However, admission charges by an eligible body to a musical performance of a cultural nature are exempt from VAT.
An eligible body is a body, other than a public body, which:
- cannot and does not distribute profits
- applies any profits it makes to the benefit of its cultural activities, and
- is managed and administered on an essentially voluntary basis by persons who have no direct or indirect financial interests in its activities.
A public body is:
- a local authority
- a government department, or
- a non-departmental public body listed in the 1995 edition of the Office of Public Service’s publication ‘Public Bodies’.
Whether or not a musical performance is of a cultural nature will be determined according to the facts. However, HMRC generally accepts that live performances of a musical nature are cultural for the purposes of this exemption.
Single not-for-profit organisation as Orchestra Production Company
See the VAT guidance at Public Notice 701/1 Charities for how charities may be subject to VAT.
Orchestra Production Company that is a wholly owned trading subsidiary of a not-for-profit organisation
Having the OPC as a wholly owned trading subsidiary of a not-for-profit organisation may lead to the supply of the orchestral concert or series being subject to VAT but the sales of tickets for admission being exempt.
In certain circumstances this may be rectified by using a VAT group. In a VAT group all parties have a joint and several liability for VAT. Further guidance on VAT groups may be found at VAT Notice 700/2: group and divisional registration (GOV.UK) and VGROUPS - Groups: main contents
A charity should take professional advice on the tax and any other implications of setting up a separate trading subsidiary.
It is not HMRC’s responsibility to provide advice on tax planning.