Income Tax Assessment Act 1997
View history note
Hide history note[ CCH Note: S 30-229 heading will be substituted by No 69 of 2020, s 3 and Sch 1 item 1372, effective 22 June 2022 or a day or days to be fixed by Proclamation. For application provision, see note under s 30-229(1) . The heading will read:
]30-229 Registrar must keep a record of deductibility of gifts to deductible gift recipient
If a * deductible gift recipient has an * ABN, the * Australian Business Registrar must enter in the * Australian Business Register in relation to the deductible gift recipient a statement that it is a deductible gift recipient for a specified period.
Note 1:
An entry (or lack of entry) of a statement required by this section does not affect whether you can deduct a gift to the fund, authority or institution.
Note 2:
This section will apply to all entities and government entities that are endorsed as deductible gift recipients under Subdivision 30-BA , because they must have ABNs to be endorsed. It will also apply to other entities described or named in Subdivision 30-A if they have ABNs.
[ CCH Note: S 30-229(1) will be amended by No 69 of 2020, s 3 and Sch 1 items 1373 and 1374, by substituting " the *Registrar must make a record to the effect that the deductible gift recipient is a deductible gift recipient for a specified period " for all the words after " *ABN, " and substituting note 1, effective 22 June 2022 or a day or days to be fixed by Proclamation. Note 1 will read:
Note 1:
The making (or otherwise) of the record does not affect whether you can deduct a gift to the fund, authority or institution.
No 69 of 2020, s 3 and Sch 1 items 1465 contains the following application provisions:
1465 Application of amendments relating to the Australian Business Register
]
1465
The amendments made apply on and after the day the Minister appoints as Registrar, under section 6 of the
Commonwealth Registers Act 2020
, a Commonwealth body with functions and powers in connection with the
A New Tax System (Australian Business Number) Act 1999
.
If the * deductible gift recipient is a deductible gift recipient only because it is endorsed under Subdivision 30-BA as a deductible gift recipient for the operation of a fund, authority or institution, the statement must name the fund, authority or institution. 30-229(2A)
If:
(a) the *deductible gift recipient is:
(i) a fund, authority or institution; or
(ii) a deductible gift recipient only because it is endorsed under Subdivision 30-BA as a deductible gift recipient for the operation of a fund, authority or institution; and
(b) the fund, authority or institution is covered by item 1, 2 or 4 of the table in section 30-15 ;
the statement must specify that the fund, authority or institution is covered by that item.
The * Australian Business Registrar may remove the statement from the * Australian Business Register after the end of the period.
[ CCH Note: S 30-229(3) will be substituted by No 69 of 2020, s 3 and Sch 1 item 1375, effective 22 June 2022 or a day or days to be fixed by Proclamation. For application provision, see note under s 30-229(1) . S 30-229(3) will read:
]
30-229(3)
The *Registrar may remove the record after the end of the period.
The * Australian Business Registrar must take reasonable steps to ensure that a statement appearing in the * Australian Business Register under this section is true. For this purpose, the Registrar may:
(a) change the statement; or
(b) remove the statement from the Register if the statement is not true; or
(c) remove the statement from the Register and enter another statement in the Register under this section.
[ CCH Note: S 30-229(4) will be amended by No 69 of 2020, s 3 and Sch 1 items 1376 - 1379, by substituting " *Registrar " for " *Australian Business Registrar " , " record made " for " statement appearing in the *Australian Business Register " , " accurate " for " true " and substituting para (a) to (c), effective 22 June 2022 or a day or days to be fixed by Proclamation. For application provision, see note under s 30-229(1) . Para (a) to (c) will read:
]
(a) alter the record; or
(b) remove the record if it is not accurate; or
(c) remove the record and make another record for the purposes of this section.
(Repealed by No 145 of 2010)
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