ESM4530 - Particular occupations: voluntary organisations – workers for voluntary organisations
Before tax can be charged under Schedule E/the employment income
rules and liability for Class 1 NICs arises, there must be either
an office or an employment and an emolument/earnings from that
office or employment. A person who does voluntary unpaid work for a
voluntary organisation, for example, a charity or local society,
will not normally be engaged under a contract of employment and
will not normally be the holder of an office. It follows that
reimbursement of any expenses incurred by voluntary workers in
doing the work of the organisation will not give rise to liability
to tax. Similarly, voluntary workers will not be liable to tax on
the reimbursement of the extra cost they might incur because they
undertake such work, for example, the expenses of travel between
home and the place where the work is done.
If expenses are paid which do more than reimburse the costs
incurred, or are at scale rates (see SE05200/EIM05200) which cannot
reasonably be regarded as merely a reimbursement of what they
spend, the voluntary workers may be receiving remuneration for
their services. If so, the excess will be chargeable under Schedule
E/as employment income if it can be shown that they hold an office
or employment. If they do not hold an office or employment,
liability might arise under Section 687 ITTOIA 2005.
Officials elected under the constitution of bodies such as
social clubs hold an office – see
ESM2504.
See
ESM4531 below for voluntary workers who
work under a contract of employment.
