Deductible gift recipientsCertain organisations are entitled to receive income tax deductible gifts and tax deductible contributions. They are called deductible gift recipients (DGRs). What is a deductible gift recipient? The income tax law determines which organisations and types of organisations can qualify as DGRs. DGRs are:
All DGRs (except those listed by name) must be endorsed by the Tax Office. If they are not endorsed, donors cannot claim income tax deductions for their gifts.
DGRs listed by name DGRs listed by name include prescribed private funds and organisations such as the Australian Sports Foundation and Amnesty International Australia. There are two ways organisations can become DGRs listed by name. For prescribed private funds, the government gazettes them into the income tax regulations. For others, Parliament amends the income tax law to list the organisation by name in the income tax law.
Endorsed DGRs For other organisations to be DGRs, they must fall within a general DGR category set out in the income tax law. Examples of the general categories include:
What are the types of DGR endorsement? There are two types of endorsement:
If an organisation is endorsed as a whole, gifts to the entire organisation may be tax deductible. If an organisation is endorsed for the operation of a fund, authority or institution, only gifts to this part of the organisation may be tax deductible. Is your organisation entitled to DGR endorsement? To be entitled to DGR endorsement, your organisation must:
Organisations that meet the requirements for endorsement can apply to the Tax Office using an Application for endorsement as a deductible gift recipient (NAT 2948). Maintaining DGR status To maintain their endorsed status, most DGRs will need to:
Tax deductible giftsFor a donor to claim a tax deduction for a gift, the payment must:
What is a gift? Not all payments to DGRs are tax deductible. Gifts have the following characteristics:
Examples of payments that are not gifts include:
Gift conditions For some DGRs, the income tax law adds extra conditions affecting the kinds of deductible gifts they can receive. The gift may only be tax deductible:
Donors should ask DGRs if conditions apply. How much can be claimed? The amount of the deduction depends on the type of gift. For gifts of money, it is the amount of the gift. For gifts of property, there are various valuation rules. The deduction for a gift cannot add to or create a tax loss. In certain circumstances, donors can elect to spread a gift deduction over a period of up to five years. What records do donors need? Donors should keep records of their deductible gifts, including:
When property has been gifted, additional details may need to be recorded. This will help when preparing tax returns and in case claims are checked by the Tax Office. DGRs are not required by the income tax law to issue receipts for deductible gifts, but any receipts issued must specify:
Tax deductible contributionsCertain DGR fundraising events encourage contributions which may at the same time extend minor benefits to the contributor. Contributions made by individuals to DGRs in relation to DGR fundraising events such as fetes, balls, gala shows, dinners and charity auctions may be tax deductible. To be deductible, a contribution must meet several requirements:
The deduction is limited to that part of the contribution that is in excess of the benefit received in return for making the contribution. Testamentary contributions, that is, contributions made under a will, are not tax deductible.
Workplace giving programsWorkplace giving programs are arrangements where:
If a portion of an employee’s pay is donated to a DGR through regular payroll deductions, the employer may reduce the PAYG amount it withholds from that employee’s pay. For employees, this means they may get the benefit of the reduced tax immediately in their pay. While the PAYG withholding amount can be reduced because of a gift made through a workplace giving program, the total pay on the employee’s payment summary is not reduced by the amount of the gift. This means the employee must claim a deduction for the gift in their annual tax return so that the correct tax can be calculated. DGRs are not required to issue receipts to donors, although an employer may request a receipt from the DGR. All the employee needs for their tax records is a statement from their employer.
GSTIf your non-profit organisation is registered (or required to be registered) for GST, the money raised from fundraising activities will be subject to GST unless the funds are a genuine gift to your organisation. If you are a charity, gift deductible entity or government school, the money raised from fundraising events will not be subject to GST if your organisation:
State/territory and local government regulationsFundraising activities such as bingo, raffles and doorknock appeals are regulated by state and territory authorities. As each state has its own laws for these activities, you should direct any enquiries about state and territory regulations to the relevant authority in your area. The use of public places such as parks, streets and sporting grounds are regulated by local government. If your organisation’s fundraising activities involve the use of a public place, you should check with your local council regarding its requirements.
Last Modified: Wednesday, 12 September 2007 Relying on our information - our commitment to youWe are committed to providing you with advice and guidance you can rely on, so we make every effort to ensure that what we give you is correct. If you follow our advice or guidance and it turns out to be incorrect, or it is misleading and you make a mistake as a result, we will take that into account when determining what action, if any, we should take. Some of the advice and guidance on this website applies to a specific financial year. This is clearly marked. Make sure you have the information for the right year before making decisions based on that information. If you feel that our advice and guidance does not fully cover your circumstances, or you are unsure how it applies to you, contact us or seek professional advice. Copyright© Commonwealth of Australia This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests for further authorisation should be directed to the Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General’s Department, Robert Garran Offices, National Circuit, BARTON ACT 2600 or posted at http://www.ag.gov.au/cca. |
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