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Advice under development – not-for-profit sector issues

Advice and guidance we are developing on not-for-profit sector issues.

Last updated 9 October 2025

[4072] When a private or public ancillary fund ‘provides’ a ‘benefit’ [new]

Title

Draft Taxation Determination

Income tax: when does a private or public ancillary fund ‘provide’ a ‘benefit’?

Purpose

This draft Determination will provide the Commissioner’s preliminary view on when private or public ancillary funds are taken to have provided a ‘benefit’ for the purposes of subsections 15(4) and 22(3) of the Ancillary Fund Guidelines. Subsection 15(4) provides that annual distributions to eligible deductible gift recipients may be made by providing benefits, while subsection 22 (3) prohibits benefits being provided to certain related entities.

Expected completion

November 2025

Contact

Dexter Marcenko, Tax Counsel Network

Phone: (03) 6221 0000

Dexter.Marcenko@ato.gov.au

QC57883