The High Court handed down its decision on Aid/Watch Incorporated, clarifying the extent to which charities are able to engage in political advocacy.
The Full Federal Court handed down decisions clarifying entitlement to income tax exemption in:
- Co-Operative Bulk Handling Ltd - whether the entity was established for the purpose of promoting the development of Australian agricultural resources.
- Wentworth District Capital - whether the entity was established for community service purposes.
In the 2011-12 federal budget, the government announced its intention to provide clarity about tax concessions being available for the 'related' commercial activity of a charity, but not the 'unrelated' commercial activity. We expect that the legislation, once passed, will clarify the extent of the Word Investments decision by the High Court in 2008. The High Court found where a commercial business with exclusively charitable objects that directed its profits to charities was eligible for endorsement as a charitable institution.
Due to the regular flow of court decisions in recent years we are now investing more resources into reviewing, maintaining and updating our advice and information products for the not-for-profit sector. The updated rulings will provide certainty about our approach to administering the tax concessions for the benefit of the broader community.
From 1 July 2012, the proposed ACNC will have the responsibility for advising the public about what is charitable. We expect to work closely with the ACNC to ensure that our advice about tax concessions available for charities is well-synchronised with their future advice.
When we are in the process of updating public rulings, we have been issuing decision impact statements on key court cases. We also ensure we correctly apply the decisions of the courts, where relevant, when determining the outcomes of requests for advice or endorsement for tax concessions.
Sections within Non-profit organisations
Last Modified: Friday, 1 July 2011