Brendan Griffin (Kerry, Fine Gael)
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147. To ask the Minister for Finance if relief is available on donations to reconstruct a building (details supplied); and if he will make a statement on the matter. [13759/20]

Paschal Donohoe (Dublin Central, Fine Gael)
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The Deputy’s question relates to tax relief under section 847A Taxes Consolidation Act 1997 (TCA) for donations to certain sports bodies for the funding of capital projects.

I am advised by Revenue that the sports body in question has been granted exemption under section 235 TCA, which means that donations to the sports body for the purpose of the capital project would be eligible for tax relief under section 847A TCA, provided the other conditions of the relief are met. In particular, the capital project in question must be approved by the Minister for Media, Tourism, Arts, Culture, Sports and the Gaeltacht. The sports body must also possess valid tax clearance.

The other conditions in section 847A TCA that must be met for the donation to qualify for the relief are that:

- the donation is made to the approved sports body for the sole purposes of funding an approved project;

- the donation is or will be applied by that body for that purpose;

- the donation is not otherwise deductible in computing the profits or gains of a trade or profession or deductible as an expense of management in computing the profits of a company;

- the donation is not a relevant donation relievable under section 848A TCA (which deals with relief for donations to approved charities);

- the donation is not liable to be repaid;

- neither the donor nor any person connected with the donor receives a benefit, whether directly or indirectly, as a result of making the donation;

- the donation is not conditional on or related to the acquisition of property by the approved sports body (otherwise than by way of gift) from the donor or any person connected with the donor; and,

- in the case of a donation made by an individual, the individual is resident in the State for the year of assessment in which the donation is made, and in the case of a taxpayer who is not within the self-assessment system, the individual has given an appropriate certificate to the approved sports body in relation to the donation and has paid the tax referred to in such certificate and is not entitled to a repayment of that tax or any part of that tax.

A list of all sporting bodies granted exemption under section 235 TCA is available on the Revenue website at: www.revenue.ie/en/corporate/documents/statistics/registrations/sports-bodies-numeric.pdf.