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

Charitable institutions: Land tax and other exemptions and the need to pay attention to the detail

A recent case dealing with Victorian land tax provides a timely reminder about how the nuances of the words used in exempting provisions in tax legislation will dictate the scope of the exemption. Taxpayers should be periodically monitoring exemption entitlements (existing or potential) and not assume the status quo is correct or that the same … Read more

National Redress Scheme & its impact on ACNC Charity/Basic Religious Charity status

Proposed new ACNC Governance Standard A registered charity must ensure that it continues to be entitled to registration with the Australian Charities and Not-for-profits Commission (ACNC). This includes meeting all the conditions for initial registration and ongoing registration obligations, including complying with the ACNC Governance Standards, where applicable the ACNC External Conduct Standards, as well … Read more

Proposed charity registration for all non-government DGRs

Currently, in order to be eligible for deductible gift recipient (DGR) endorsement, certain organisations are required to be registered as a charity with the Australian Charities and Not-for-profits Commission (ACNC). Charity registration is a prerequisite for 40 of the 51 general DGR categories contained in the Income Tax Assessment Act 1997 (ITAA 1997). Organisations/DGR’s that … Read more

Government announcement regarding easing financial reporting burdens for charities

In August 2018, an independent review of the Australian Charities and Not-for-profits Commission legislation was handed down and included 30 recommendations relating to objects, functions and powers; regulatory framework; red tape reduction; and additional amendments (click here to see review findings). The Government’s response to these recommendations was released in March 2020, with the Government … Read more

Charities and the need to meet governance standards

In the 2020 Federal Budget, eagle-eyed charities and advisers may have noticed that the Federal Government has allocated $2.9 million over three financial years to the Australian Charities and Not-for-Profits Commission (“ACNC”) to conduct risk reviews of charities. The ACNC has confirmed that it will use this funding to “undertake field-based compliance reviews to assess … Read more