Charity Law: Understanding the New Changes

Cover Image for Charity Law: Understanding the New Changes

| Lindsay Webber

Last month, on the 10th of July, the Charities Amendment Act 2024 was passed into law. This legislation introduced significant changes to the charitable sector, affecting areas such as financial reporting and trustee responsibilities. To assist you in navigating these changes and ensuring compliance, we’ve outlined key modifications that could impact your clients.

  1. New Charitable Purpose: The advancement of human rights is now recognised as a charitable purpose.
  2. Trustee Responsibilities: Clarifications have been made regarding charity trustees' responsibilities, including new indemnity provisions for court-appointed trustees. If you’re on the board of any charities, it is worth a read.
  3. Financial Reporting Simplification:
  • Unincorporated Charities: With incomes or expenditures under €250,000 can submit an income and expenditure account plus a statement of assets and liabilities instead of full annual financial statements.
  • Charitable Companies: Must adhere to the Companies Act for financial reporting as per ministerial regulations.
  1. Updated Audit Threshold: Increased to €500,000, but practically we continue to apply the tax exemption thresholds remaining at €250,000.
  2. Exemptions for Small Charities: Very small, unincorporated charities, meeting specific criteria like having an income or balance sheet below €10,000 or no employees, are exempt from detailed financial filings but must submit annual returns.
  3. No Mandatory SORP: While SORP is still recommended best practice, it is not mandatory under the Act. The Act does give the Minister authority to make SORP mandatory in the future.

We understand that these changes may be complex. Our Practice Support team is available to provide guidance and assistance. If you require further clarification or wish to discuss how these changes might affect your clients, please don’t hesitate to contact us.

The contents of this article are meant as a guide only and are not a substitute for professional advice. The author/s accept no responsibility for any action taken, or refrained from, as a result of the material contained in this document. Specific advice should be obtained before acting or refraining from acting, in connection with the matters dealt with in this article.

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About the Author

As a member of our Practice Support team, Lindsay’s focus is on helping practices achieve on-going best practice compliance, providing in-house training, technical assistance, and file reviews. Lindsay is a member of the South African Institute of Chartered Accountants and Chartered Accountants Ireland. She trained with KPMG in Johannesburg and specialised in external audit of financial services companies. She then spent six years lecturing audit and financial reporting to under-grad and post-grad students at Rhodes University in South Africa before moving to Ireland and returning to practice in a small, and then a medium sized firm where she was an audit manager. Altogether, she has over six years external audit experience along with over six years academic experience specialising in Audit and Financial Accounting. She is passionate about combining her academic and practice backgrounds to provide technical information in a useful and practical way. Outside of her accounting qualifications Lindsay holds a PGDiploma in Higher Education from Rhodes University and graduated with distinction from the MBA course at Trinity College Dublin. She is currently working towards a Diploma in Forensic Accounting through Chartered Accountants Ireland.

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