Senate

Tax Laws Amendment (2007 Measures No. 5) Bill 2007

Tax Laws Amendment (2007 Measures No. 5) Act 2007

Revised Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello MP)
This memorandum takes account of amendments made by the House of Representatives and to the Bill as introduced.

Chapter 9 - Deductible gift recipients

Outline of chapter

9.1 Schedule 9 to this Bill amends the Income Tax Assessment Act 1997 (ITAA 1997) to update the list of deductible gift recipients (DGRs) to include nine new entities and to extend the time period of DGR status for one entity.

Context of amendments

9.2 The income tax law allows taxpayers who make gifts of $2 or more to DGRs to claim income tax deductions. To be a DGR, an organisation must fall within a category of organisations set out in Division 30 of the ITAA 1997, or be listed by name under that Division.

9.3 DGR status assists relevant funds and organisations to attract public support for their activities.

Summary of new law

9.4 These amendments add nine organisations to the list of specifically listed DGRs and extend the time period for which deductions are allowed for gifts to the Shrine of Remembrance Restoration and Development Trust. Gifts of $2 or more, made to these entities within each entity's eligible time period, are tax deductible.

Detailed explanation of new law

9.5 Schedule 9 lists the organisations in Table 9.1 as DGRs. [Schedule 9, items 1, 4 to 6]

Table 9.1

Name of fund Date of effect Special conditions
The Bathurst War Memorial Carillon Public Fund Trust 3 August 2007 The gift must be made after 2 August 2007 and before 3 August 2009
Kidsafe ACT (Inc.) 3 August 2007
Kidsafe New South Wales (Inc.) 3 August 2007
Kidsafe QLD (Inc.) 3 August 2007
Kidsafe Vic (Inc.) 3 August 2007
Kidsafe SA Incorporated 3 August 2007
Kidsafe Western Australia (Inc) 3 August 2007
Kidsafe NT (Inc.) 3 August 2007
Kidsafe Tasmania (Inc) 3 August 2007

9.6 The Bathurst War Memorial Carillon Public Fund Trust was established to raise funds to rebuild the Bathurst War Memorial Carillon to its original plans following damage caused by lightning in 2001. The Carillon was built in 1933 as a memorial to the men of Bathurst and district who served during the First World War, and in all conflicts since. [Schedule 9, items 4 to 5]

9.7 Kidsafe is a non-government, not-for-profit charitable organisation dedicated to preventing unintended injuries and reducing resulting deaths to children associated with childhood accidents. The national body, Child Accident Prevention Foundation of Australia is listed as a DGR. As the result of a restructure of the foundation, the individual state and territory associations will now be listed to better serve the community. [Schedule 9, items 1 and 6]

Extending periods for which gifts are deductible

9.8 Schedule 9 extends the period for which deductions are allowed for gifts to the organisation listed in Table 9.2. [Schedule 9, item 2]

Table 9.2

Name of fund New special conditions Current special conditions
Shrine of Remembrance Restoration and Development Trust The gift must be made before 1 July 2009. The gift must be made before 1 July 2007.

9.9 The Shrine of Remembrance in Melbourne, built between 1928 and 1934, is Victoria's largest war memorial to the men and women who served Australia in armed conflicts and in peacekeeping operations throughout our nation's history. The Shrine of Remembrance Restoration and Development Trust was established to raise funds for the restoration and development of the Shrine of Remembrance. [Schedule 9, item 2]

Application and transitional provisions

9.10 The amendments to list the organisations in Table 9.1 and Table 9.2 apply from the dates of effect shown in those tables. [Schedule 9, items 1 to 6]


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