Show download pdf controls
  • Advice under development – not-for-profit sector issues

    We are developing advice and guidance on the following not-for-profit sector issues.

    [3911] 'In Australia' requirement deductible gift recipients

    Title
    Final Taxation Ruling
    Income tax: the ‘in Australia’ requirement for certain deductible gift recipients and income tax exempt entities.

    Registered
    March 2018

    Purpose
    The final Ruling will set out the Commissioner's view on the legal and practical operation of conditions in Division 30 and Division 50 of the Income Tax Assessment Act 1997 which require that:

    • a body seeking deductible gift recipient status be 'in Australia’
    • an entity seeking income tax exemption must have a ‘physical presence in Australia, and to that extent, incur its expenditure and pursue its objectives principally in Australia’.

    Expected completion
    December 2019

    Comments
    Draft TR 2018/D1 published on 4 July 2018. Comments period closed on 10 August 2018. We are considering comments and issues following targeted consultation with the Not-for-profit Stewardship Group in late September 2019.

    Contact
    Dean Karlovic, Tax Counsel Network
    Phone: (03) 9285 1686
    Dean.Karlovic@ato.gov.au

    [3925] Ancillary funds – exercising the discretion to reduce the minimum annual distribution rate

    Title
    Law Administration Practice Statement
    Administration of the Commissioner’s discretion to reduce the minimum annual distribution rate for ancillary funds

    Registered
    June 2018

    Purpose
    The Practice statement will provide process guidance to staff when considering the exercise of the Commissioner’s discretion to reduce the minimum annual distribution rate under the amended Private Ancillary Fund Guidelines 2009 and the Public Ancillary Fund Guidelines 2011.

    Expected completion
    Early 2020

    Contact
    PAGPW&IC@ato.gov.au

    [3986] Income tax exempt sporting clubs

    Title
    Draft Taxation Ruling
    Income tax: exempt sporting clubs

    Registered
    September 2019

    Purpose
    The draft Ruling will update TR 97/22 to clarify when sporting organisations are eligible for the income tax exemption under section 50-45 of the Income Tax Assessment Act 1997 and to reflect changes in the nature of contemporary game and sporting practice.

    Expected completion
    Early 2020

    Contact
    John Churchill, Tax Counsel Network
    Phone: (03) 6221 0258
    John.Churchill@ato.gov.au

    Justin Dearness, Tax Counsel Network
    Phone: (07) 3213 5745
    Justin.Dearness@ato.gov.au

    Last modified: 03 Dec 2019QC 57883