[4072] When a private or public ancillary fund ‘provides’ a ‘benefit’ [updated]
Title
Final Taxation Determination
Income tax: when does a private or public ancillary fund ‘provide’ a ‘benefit’?
Purpose
This final Determination will provide the Commissioner’s 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 Taxation Administration (Public Ancillary Fund) Guidelines 2022 and Taxation Administration (Private Ancillary Fund) Guidelines 2019. 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
To be advised
Comments
Draft Taxation Determination TD 2025/D3 Income tax: when does a private or public ancillary fund 'provide' a 'benefit'? published 12 November 2025. Comments period closes 30 January 2026.
Contact
Dexter Marcenko, Tax Counsel Network
Phone: (03) 6221 0000