CHAPTER 2
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LIABILITY RULES OF GENERAL APPLICATION
PART 2-5
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RULES ABOUT DEDUCTIBILITY OF PARTICULAR KINDS OF AMOUNTS
Division 30
-
Gifts or contributions
History
Div 30 inserted by No 121 of 1997.
Subdivision 30-BA
-
Endorsement of deductible gift recipients
History
Subdiv 30-BA inserted by No 179 of 1999.
Endorsement as a deductible gift recipient
SECTION 30-125
Entitlement to endorsement
Endorsement of an entity that is a fund, authority or institution
30-125(1)
An entity is entitled to be endorsed as a *deductible gift recipient if:
(a)
the entity has an *ABN; and
(b)
the entity is a fund, authority or institution that:
(i)
is described (but not by name) in item 1, 2 or 4 of the table in section
30-15
; and
(ii)
is not described by name in Subdivision
30-B
if it is described in item 1 of that table; and
(iii)
meets the relevant conditions (if any) identified in the column headed
"
Special conditions
"
of the item of that table in which it is described; and
(c)
the entity meets the requirements of subsection
(6)
, unless:
(i)
the entity is established by an Act; and
(ii)
the Act (or another Act) does not provide for the winding up or termination of the entity; and
(d)
in the case of an *ancillary or community charity trust fund
-
the fund and all of its trustees comply with the rules in the *applicable trust fund guidelines; and
(e)
in the case of a *community charity corporation
-
the corporation and all of its directors comply with the rules in the *community charity corporation guidelines.
History
S 30-125(1) amended by No 52 of 2024, s 3 and Sch 3 item 3, by substituting para (d) and (e) for para (d), effective 29 June 2024. Para (d) formerly read:
(d)
in the case of an *ancillary fund:
(i)
the fund complies with the rules in the *public ancillary fund guidelines or the *private ancillary fund guidelines (whichever are applicable); and
(ii)
all of the trustees of the fund comply with those rules.
S 30-125(1) amended by No 147 of 2011, s 3 and Sch 8 items 4 and 5, by substituting
"
an *ancillary fund
"
for
"
a *private ancillary fund
"
in para (d) and
"
*public ancillary fund guidelines or the *private ancillary fund guidelines (whichever are applicable)
"
for
"
*private ancillary fund guidelines
"
in para (d)(i), effective 1 January 2012.
S 30-125(1) substituted by No 88 of 2009, s 3 and Sch 2 item 7, effective 1 October 2009. For transitional provisions, see note under s
30-15(2)
. S 30-125(1) formerly read:
Endorsement of an entity that is a fund, authority or institution
30-125(1)
An entity is entitled to be endorsed as a
*
deductible gift recipient if the entity:
(a)
has an
*
ABN; and
(b)
is a fund, authority or institution that:
(i)
is described (but not by name) in item 1, 2 or 4 of the table in section 30-15; and
(ii)
is not described by name in Subdivision
30-B
if it is described in item 1 of that table; and
(iii)
meets the relevant conditions (if any) identified in the column headed
"
Special conditions
"
of the item of that table in which it is described; and
(c)
meets the requirements of subsection (6), unless:
(i)
the entity is established by an Act; and
(ii)
the Act (or another Act) does not provide for the winding up or termination of the entity.
S 30-125(1) amended by
No 55 of 2007
, s 3 and Sch 3 item 1, by substituting para (c), effective 12 April 2007. Para (c) formerly read:
(c)
meets the requirements of:
(i)
if the entity is established by an Act and the Act (or another Act) does not provide for the winding up or termination of the entity
-
section
30-130
; and
(ii)
in any other case
-
subsection (6) of this section and section
30-130
.
S 30-125(1) amended by
No 58 of 2006
, s 3 and Sch 7 items 179 and 180, by substituting
"
section 30-130
"
for
"
subsections (4) and (5)
"
in para (c)(i) and substituting
"
subsection (6) of this section and section 30-130
"
for
"
subsections (4), (5) and (6)
"
, effective 1 July 2004.
S 30-125(1) amended by No 107 of 2003.
Endorsement of an entity for operating a fund, authority etc.
30-125(2)
An entity is entitled to be endorsed as a
*
deductible gift recipient for the operation of a fund, authority or institution that is described (but not by name) in item 1, 2 or 4 of the table in section
30-15
and is not described by name in Subdivision
30-B
if:
(a)
the entity has an
*
ABN; and
(b)
the entity:
(i)
legally owns the fund; or
(ii)
includes the authority or institution; and
(c)
the fund, authority or institution meets the relevant conditions (if any) identified in the column headed
"
Special conditions
"
of that item; and
(d)
the entity meets the requirements of subsection
(6)
, unless:
(i)
the entity is established by an Act; and
(ii)
the Act (or another Act) does not provide for the winding up or termination of the entity; and
(e)
the entity meets the requirements of section
30-130
, unless the entity is endorsed as a deductible gift recipient under paragraph
30-120(a)
.
History
S 30-125(2) amended by
No 55 of 2007
, s 3 and Sch 3 item 2, by substituting paras (d) and (e) for para (d), effective 12 April 2007. Para (d) formerly read:
(d)
the entity meets the requirements of:
(i)
if the entity is established by an Act and the Act (or another Act) does not provide for the winding up or termination of the entity
-
section
30-130
; and
(ii)
in any other case
-
subsection (6) of this section and section
30-130
.
S 30-125(2) amended by
No 58 of 2006
, s 3 and Sch 7 items 181 and 182, by substituting
"
section 30-130
"
for
"
subsections (4) and (5)
"
and substituting
"
subsection (6) of this section and section 30-130
"
for
"
subsections (4) and (5)
"
, effective 1 July 2004.
S 30-125(2) amended by No 107 of 2003.
Relevant special conditions in table in section 30-15
30-125(3)
To avoid doubt:
(a)
a condition requiring the fund, authority or institution to meet the requirements of section
30-17
is not a relevant condition for the purposes of subparagraph
(1)(b)(iii)
or paragraph
(2)(c)
of this section; and
Note:
Section
30-17
requires the entity to be endorsed under this Subdivision as a deductible gift recipient.
(b)
in the case of a fund, authority or institution that is described in item 1 of the table in section
30-15
-
a condition set out in the relevant table item in Subdivision
30-B
, including a condition identified in the column headed
"
Special conditions
-
fund, authority or institution
"
of that item (if any), is a relevant condition for the purposes of subparagraph
(1)(b)(iii)
or paragraph
(2)(c)
of this section.
Note:
Paragraph (c) of the column headed
"
Special conditions
"
of item 1 of the table in section
30-15
requires any conditions set out in the relevant table item in Subdivision
30-B
to be satisfied.
History
S 30-125(3) substituted by No 169 of 2012, s 3 and Sch 2 item 16, effective 3 December 2012. For transitional provision see note under s
30-20(1)
. S 30-125(3) formerly read:
Relevant special conditions in table in section 30-15
30-125(3)
To avoid doubt, a condition requiring the fund, authority or institution to meet the requirements of section
30-17
is not a relevant condition for the purposes of subparagraph (1)(b)(iii) or paragraph (2)(c).
Note:
Section 30-17 requires the entity to be endorsed under this Subdivision as a deductible gift recipient.
30-125(4)
(Repealed by
No 58 of 2006
)
History
S 30-125(4) repealed by
No 58 of 2006
, s 3 and Sch 7 item 183, effective 1 July 2004. S 30-125(4) formerly read:
Maintaining gift fund
30-125(4)
The entity must maintain for the principal purpose of the fund, authority or institution a fund (the
gift fund
):
(a)
to which gifts, or deductible contributions, of money or property for that purpose are to be made; and
(b)
to which any money received by the entity because of such gifts, or deductible contributions, is to be credited; and
(c)
that does not receive any other money or property.
S 30-125(4) amended by No 95 of 2004.
30-125(4A)
(Repealed by
No 58 of 2006
)
History
S 30-125(4A) repealed by
No 58 of 2006
, s 3 and Sch 7 item 183, effective 1 July 2004. S 30-125(4A) formerly read:
30-125(4A)
For the purposes of subsection (4), if a contribution described in item 7 or 8 of the table in section
30-15
is made in relation to a
*
fund-raising event:
(a)
the contribution is a deductible contribution; and
(b)
the contribution is taken to have been made for the same purpose for which funds were raised by the fund-raising event.
S 30-125(4A) inserted by No 95 of 2004.
30-125(5)
(Repealed by
No 58 of 2006
)
History
S 30-125(5) repealed by
No 58 of 2006
, s 3 and Sch 7 item 183, effective 1 July 2004. S 30-125(5) formerly read:
Limits on use of gift fund
30-125(5)
The entity must use the following only for the principal purpose of the fund, authority or institution:
(a)
gifts made to the gift fund;
(b)
any money received because of such gifts.
Transfer of assets from fund, authority or institution
30-125(6)
A law (outside this Subdivision), a document constituting the entity or rules governing the entity
'
s activities must require the entity, at the first occurrence of an event described in subsection
(7)
, to transfer to a fund, authority or institution gifts to which can be deducted under this Division:
(a)
any surplus assets of the gift fund (see section
30-130
); or
(b)
if the entity is not required by this section to meet the requirements of section
30-130
-
any surplus:
(i)
gifts of money or property for the principal purpose of the fund, authority or institution; and
(ii)
contributions described in item 7 or 8 of the table in section
30-15
in relation to a *fund-raising event held for that purpose; and
(iii)
money received by the entity because of such gifts or contributions.
History
S 30-125(6) substituted by
No 55 of 2007
, s 3 and Sch 3 items 3 and 4, effective 12 April 2007. S 30-125(6) formerly read:
30-125(6)
A law (outside this Subdivision), a document constituting the entity or rules governing the entity
'
s activities must require the entity to transfer, at the first occurrence of an event described in subsection (7), any surplus assets of the gift fund (see section
30-130
) to a fund, authority or institution gifts to which can be deducted under this Division.
S 30-125(6) amended by
No 58 of 2006
, s 3 and Sch 7 item 184, by inserting
"
(see section 30-130)
"
after
"
gift fund
"
, effective 1 July 2004.
Events requiring transfer
30-125(7)
The events are:
(a)
the winding up of the fund, authority or institution; and
(b)
if the entity is endorsed because of a fund, authority or institution
-
the revocation of the entity
'
s endorsement under this Subdivision relating to the fund, authority or institution.
History
S 30-125(7) amended by
No 55 of 2007
, s 3 and Sch 3 item 5, by substituting
"
of the fund, authority or institution
"
for
"
of the gift fund
"
in para (a), effective 12 April 2007.
Note 1:
There are 2 ways an entity can be endorsed because of a fund, authority or institution. An entity can be endorsed either
because it is
a fund, authority or institution or
because it operates
a fund, authority or institution.
Note 2:
Section
426-55
in Schedule
1
to the
Taxation Administration Act 1953
deals with revocation of endorsement.
Note 3:
The entity is also required to keep appropriate records: see section
382-15
of the
Taxation Administration Act 1953
.
History
S 30-125 amended by No 55 of 2007, s 3 and Sch 3 item 6, by inserting note 3 at the end, effective 12 April 2007.
S 30-125 amended by No 95 of 2004 and inserted by No 179 of 1999.