Political Parties and Elections Bill

Not in all contexts—absolutely not. Many non-domiciliaries—those with no significant foreign investments, who are likely to constitute the great majority—will not have given any thought to their domicile status. The only residual concern, if the restriction relates to an actual claim to the remittance basis, is that the claim does not need to be made until the individual files his tax return. That may not be until 31 January, following the end of the tax year which is 10 months through the donation year. The exception will be that many individuals will not take the decision until close to the filing date because they will need to calculate whether the election is to their advantage. They may not have the financial information to enable them to do that until some way through the year. There is, therefore, a clear possibility that an individual might make a donation in the expectation that they would not be claiming on the remittance basis, but at a later date decide to make a claim. Would a donation in that context have to be repaid? Would someone commit an offence in making a declaration that they expected to be true at the time it was made? Once they had made a donation, would they be prohibited from claiming on the remittance basis? If a declaration that is given in good faith is wrong or turns out to be incorrect, is the effect still that the party will have received a donation from an impermissible donor and the donation will therefore be subject to forfeiture? The party, however, will not be guilty of an offence even if the declaration was made in bad faith if it can show that reasonable steps were taken to verify that the donation was permissible and that the treasurer believed that the donation was permissible, assuming the defence in the Bill is passed. What is considered to be reasonable is likely to depend on the circumstances of the donation and the individual donor. For example, are there factors that might suggest residence outside the UK? A party may ask to see an individual's tax return. In addition to potential confidentiality issues, the clause might give rise to timing issues. Parties might have to consider repaying donations once a tax return is available making it clear that, contrary to previous expectations, the donor is not permissible. This might be one of the reasonable steps required. A check for Irish nationality might require sight of a passport. It is not clear whether that will be sufficient.