CTM40510 | Particular bodies: registered societies: claims for exemption

A registered society is not exempt from Corporation Tax. BAI has seen a number of claims from, for example, community shops arguing that they are exempt because they are a registered society or a not for profit organisation. As in CTM40505, a registered society is a body corporate and broadly pays tax under the same rules as any other company. Equally, a registered society may get the benefit of the same reliefs as any other company, unless the Corporation Tax Acts specifically prohibit this.

A body such as a community shop is trading and is potentially in competition with other shops and businesses. It does not trade with a view to making a loss, rather it will try to make a profit, but, rather than distribute its profits to its members, any profit/surplus is likely to be ploughed back in to the business or to other community projects. But this does not mean it will be exempt from tax.

Any claim that a registered society qualifies for full or partial exemption from liability to tax should be considered critically and dealt with as follows.

Where the such a claim for full or partial exemption from liability to tax on trading income is on the grounds that

• the society a mutual trading concern, it should be dealt with in accordance with the guidance at CTM40950 onwards, or

• it is a charity, it should be submitted to HMRC Charities.

Special types of society

As regards a society

• carrying on operations as a club, see CTM40100 onwards,

• registered as a credit union, see CTM40150 onwards, or

• registered as a housing association or registered social landlord, see CTM40400 onwards.