Another case, another ‘broader’ view of what is a Public Benevolent Institution?

In a recent AAT case the Australian Charities and Not-for-Profits Commission (‘ACNC’) was unsuccessful in arguing that ‘Global Citizen Ltd’ was not eligible to be registered under the charity sub-type ‘public benevolent institution’ (‘PBI’). Global Citizen Ltd is a very active and interesting organisation and part of the international Global Citizen network. You can getter … Read more

Employers: Are you ready for the new ‘stapling of super’ rules?

Under the current super choice rules,  employers are required to offer eligible new employees a choice of superannuation fund in order to meet their superannuation obligations. If a new employee fails to nominate their preferred superannuation fund, an employer can comply with the choice of fund rules, by making superannuation guarantee (SG) contributions on behalf … Read more

ACNC charity registration for all Non-Government DGRs required by 14 December 2022

Most Deductible Gift Recipient (‘DGR’) organisations are already registered with the ACNC as a charity, given, generally ACNC registration is a pre-condition of DGR status. In fact 41 of the 52 general DGR categories already require ACNC charity registration. However by 14 December 2022, the remaining 11 categories are also required to be registered. The … Read more

NFPs: Get ready for annual reporting of self-assessment of income tax exemption eligibility

In the June 2021 Tax Update (click here) we covered an announcement in the 2021-22 Federal Budget that will have widespread application across the not-for-profit sector. The issue is summarised below. 2021–22 Federal Budget announcement As part of the 2021–22 Federal Budget, the Government has announced that it will enhance the transparency of income tax … Read more

Member Q&A: Can a local historical society secure Deductible Gift Recipient status?

Question We are a not-for-profit local historical society and the challenge of sourcing funding is never ending. Is it possible for us to secure Deductible Gift Recipient (DGR) status and, if so, how can that be done and what issues arise? Answer It may indeed be possible for your organisation to secure Deductible Gift Recipient … Read more

Land tax exemption – When is a charity exempt from land tax?

Overview Landowners are generally liable to land tax where the total unimproved value of their landholdings exceeds the prescribed land tax threshold in a particular Australian jurisdiction. However, land may be exempt from land tax if the  relevant land is used for certain purposes, the most notable being land used as the owner’s principal place … Read more

Natural Disaster Donations Transparency Code – Consultation Paper

The Government has recently released a consultation paper (which can be found here) inviting comments on a proposed voluntary transparency code for charities who are in receipt of donations made in response to natural disasters. The consultation paper makes quite interesting reading and is recommended to all charities who undertake public fund raising (in relation … Read more

Another ‘contractor’ entitled to superannuation

Over recent years, we have produced numerous articles dealing with situations involving whether a ‘contractor’ may be an ’employee’ and entitled to superannuation under superannuation guarantee (SG) rules. Two recent cases Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118 (see September 2020 TaxEd Update) and MWWD v Commissioner of Taxation [2020] AATA 4169 (see … Read more

Enhancing the transparency of income tax exemptions for certain NFPs by way of requirement to submit online annual self review forms

Currently, non-charitable not-for-profits (NFPs) can self-assess their eligibility for income tax exemptions and do not have to report to, or otherwise be endorsed as income tax exempt by the ATO. The type of organisations falling within this group include sports clubs and community service organisations. 2021–22 Federal Budget announcement As part of the 2021–22 Federal … Read more

Is your entity really a Public Benevolent Institution?

A Public Benevolent Institution (PBI) seeking deductible gift recipient (DGR) status is required to be registered with the Australian Charities and Not-for-profits Commission (ACNC) under the charity subtype, PBI prior to seeking DRG endorsement with the ATO. In assessing whether an organisation is a PBI, most Federal, State and Territory regulatory bodies including the ACNC … Read more