Some entities fall into more than one category for income tax exemption. This article considers the situation in which an entity is a ‘charity’ and is also exempt on another basis. Is such an entity required to register with the ACNC in order to obtain exemption?
Eligibility Article – Charities and Governance Standards: the ever increasing focus on charities’ financial affairs
This article considers the ACNC’s Governance Standard 5 and notes the implications of recent instances of non-compliance that it has identified.
Eligibility Article – ‘Taxable payments’ annual reporting for Government entities: a timely reminder
Government entities (whether federal, state or local) need to be aware of their impending obligation to report certain service or grant payments to the Australian Taxation Office. This article summarises the requirements of this reporting obligation, as well as exemptions for entities and specific payments.
Eligibility Article – Implications for NFPs on Labor proposal to end cash refunds on imputation credits
The recent Labor Party proposal to potentially end access to cash refunds of imputation credits is attracting plenty of discussion, but does it have any implications for NFPs in receipt of cash refunds of imputation credits on dividend income?
Eligibility Article – Revocation of charity registration – Waubra Foundation v Commissioner of Australian Charities and Not-for-profits Commission
This article considers a recent AAT case which considered whether a not-for-profit entity’s charity registrations were validly revoked by the ACNC Commissioner. The decision will especially interest entities claiming to be a health promotion charity or claiming to be a charity promoting or protecting human rights.
With an estimated 600,000 NFPs operating in Australia and some 60,000 ACNC registered charities a recent Australian Accounting Standards Board research report into the Financial Reporting Requirements Applicable to Charities identified some concerning issues.
Eligibility Article ‘ Yet again, another case of an organisation unsuccessfully seeking payroll tax exemption as a charity
The South Australian Supreme Court have recently considered whether the South Australian Chamber of Commerce & Industry Incorporated is entitled to exemption on some/all wages under the South Australian payroll tax law. The Court held the exemption did not apply.
NSW local authorities can expect renewed pressure from residential developers seeking to recover rates levied under a business rating categorisation of their residential projects during the construction phase. This article considers the decision in the Karimbla Case, that was handed down on 26 June 2017.
The Victorian Supreme Court was recently asked to consider whether the Telecommunications Industry Ombudsman could be considered a charity for Victorian Pay-roll Tax purposes. The case continues a string of recent decisions analysing where the boundary of the concept of charitable activities lies.