Many charities have used trading subsidiaries as a vehicle to mitigate corporation tax on trading profits.
Taxable profits earned can be reduced by the payment of a donation by the subsidiary to its parent charity.
There has recently been new guidance and counsel opinion over the lawfulness and treatment where a subsidiary donates all its taxable profits to the parent charity and the amount is in excess of the profits available for distribution under the Companies Act 2006. As a result the Charity Commission withdrew Guidance Note CC35.
This link below takes you to the ICAEW Technical Release which provides guidance on this matter.
If you run a charity and would like Dafferns to review your position, particularly if past donations by your trading subsidiary have been in excess of available distributable profits, please contact Geoffrey Cox