Contributing Third Parties

When a Landfill Operator (LO) makes a contribution to an Environmental Body (EB), it can only claim tax relief on 90% of the contribution it makes and is left with a 10% funding shortfall. Some LOs will absorb this cost, or a portion of it, themselves. Sometimes LOs will require you to find a separate third party - a Contributing Third Party (CTP) to make the 10% payment or a portion of it.

A CTP must:

  • be a person or organisation separate to the LO and the EB who receives the contribution;
  • have the intention of making the 10% payment to the LO to secure the contribution to the EB;
  • make the payment directly to the LO or follow our intermediaries guidance; and
  • not gain a unique benefit from any expenditure of the EB.

 

To determine whether a potential CTP meets ENTRUST's guidance you can use our decision tree document  or you can consult our sections 3 and 6 of our Guidance Manual and our CTP Guidance note which you can access through our related documents section which you will find at the bottom right hand side of this page. You should also read all of the FAQs relating to CTPs which you can find on the right hand side of this page or please contact us if you have any further questions.

Open information about CTPs

We need to know the identity of any CTPs so that we can regulate the LCF effectively. As an EB you must tell your LO the name and address of the CTPs who will be making a payment, and the sum to expect.

LOs will then record the information about CTPs and submit it to us. Sometimes LOs will find a CTP, in this case the LO must pass on the name and address to the EB being supported when the LCF contribution is passed to the EB.

Remember

LCF monies cannot be used by the CTP to make the CTP payment. Any monies provided for the CTP payment must be proven to be sourced from other monies and accounted for separately. We recommend that any organisation holding LCF monies hold those funds in a separate bank account from other monies. This clarifies the position regarding the source of the monies.

Projects

FAQs

Q. Will our project need a Contributing Third Party payment?

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This is the decision of the Landfill Operator (LO) who has agreed to fund your project. Some LOs do not require a Contributing Third Party (CTP) payment. The LO is able to claim credit for only 90% of the funding it contributes to the Landfill Communities Fund so the CTP payment (of 10%) makes the LO’s contribution ‘cost neutral’. LOs may absorb some or all of the 10% themselves.

Q. How much does the Contributing Third Party have to provide?

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The amount required from the Contributing Third Party (CTP) is set by the Landfill Operator but is usually 10% or less of the funding offered to the Environmental Body (EB). Where the funding is provided via a distributive EB then the CTP may be asked to pay a slightly larger amount to take account of the distributive EB’s administration costs.  

Q. Can an Environmental Body fundraise to find the Contributing Third Party payment?

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An Environmental Body (EB) is allowed to fundraise the Contributing Third Party (CTP) payment provided that it is made clear to each person at the time they make their contribution that the money will be paid to a Landfill Operator (LO) to secure Landfill Communities Fund (LCF) funding for the EB. In such cases the people making the contribution will be the CTPs and they should make direct payment to the LO whenever possible. The EB is permitted to act as an intermediary for the CTP payment where it is not practical for each CTP to pay the LO direct. The EB will need to contact us to obtain approval before acting as an intermediary, and in every case must keep the CTP payments separate from their own funds as the CTP contributions do not belong to the EB. Where the EB has used fundraising, the EB should record the names and addresses of the individual CTPs where possible (and particularly where there are large individual payments). Where this is not possible then the name and date of the fundraising event may be given as the CTP. The EB should keep this record in its own project files which will be checked during a Compliance visit. Please see the Guidance Manual or contact us for more information on the requirements where the CTP payment comes from fundraising.   

Q. Can a sub-committee of the Environmental Body be the Contributing Third Party?

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No. The Contributing Third Party (CTP) must be an entirely separate legal entity from the Environmental Body (EB). A sub-committee of the EB is not a separate legal entity and so cannot be the CTP. 

Q. Can a trustee of the Environmental Body be the Contributing Third Party?

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An individual or corporate trustee of the Environmental Body (EB) can be the Contributing Third Party (CTP) and use their own money to make the CTP payment, provided that there is no unique benefit to that CTP from any expenditure of LCF funds by the EB.  Please see our Guidance Manual for more information on Unique Benefit and the rule that a CTP is regarded always as being a contributor.  

Q. Can the local council be the Contributing Third Party?

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A local council can be the Contributing Third Party provided it does not receive a unique benefit from any of the Environmental Body’s expenditure. Please see the Guidance Manual for more information on Unique Benefit.   

Q. Are there any considerations for a Contributing Third Party?

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A CTP who makes a contributing payment to a Landfill Operator (LO) to enable funds to be released to an Environmental Body (EB) will be considered always to be a contributor for that EB.  This means that the CTP cannot receive a unique benefit from any transactions which that EB undertakes. This can affect future transactions, particularly if the CTP is also a potential supplier of goods and services to that EB as the CTP will not be able to make a profit from any future supply. Please see our Guidance Manual for more information on Contributing Third Parties and Unique Benefit. We have also created a CTP decision tree which helps you to determine whether a potential CTP meets ENTRUST's requirements.

Q. What is Unique Benefit?

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Landfill Operators (LOs) and Contributing Third Parties (CTPs) may not derive a unique benefit from having made their contribution to a project.  

Unique Benefit is any benefit or reward which the LO or CTP gain that is greater than the benefit which would be gained by the LO or CTP belonging to a general class of persons who may visit, use or enjoy a project, or being involved with the Environmental Body (EB).  Some examples of unique benefit would be:

  • a LO or CTP acting as a supplier and gaining an element of profit from the EB’s expenditure on that supply,
  • or the LO or CTP being granted preferential access to a project site or other amenity managed by the EB. 

Once a LO or CTP has made a contribution to a project, the LO or CTP will always be a contributor for the EB whose project it is, and so cannot receive a unique benefit from any future expenditure of that EB. 

The scope of Unique Benefit is wide and we advise that you refer to our Guidance Manual for more information on Unique Benefit.