Income Tax Assessment Act 1997
CHAPTER 2
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LIABILITY RULES OF GENERAL APPLICATION
PART 2-15
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NON-ASSESSABLE INCOME
Division 50
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Exempt entities
Subdivision 50-B
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Endorsing charitable entities as exempt from income tax
Endorsing charitable entities as exempt from income tax
SECTION 50-110 Entitlement to endorsement
General rule
50-110(1)
An entity is entitled to be endorsed as exempt from income tax if the entity meets all the relevant requirements of this section.
Which entities are entitled to be endorsed?
50-110(2)
To be entitled, the entity must be an entity covered by item 1.1 of the table in section 50-5 .
Requirement for ABN
50-110(3)
To be entitled, the entity must have an * ABN.
50-110(4)
(Repealed by No 169 of 2012)
Requirement to meet special conditions
50-110(5)
To be entitled:
(a) the entity must meet the relevant conditions referred to in the column headed " Special conditions " of item 1.1 of the table in section 50-5 ; or
(b) both of the following conditions must be met:
(c) (Repealed by No 96 of 2013)
50-110(6)
To avoid doubt, the condition set out in section 50-52 (requiring the entity to be endorsed under this Subdivision) is not a relevant condition for the purposes of subsection (5).
View history note
Hide history noteSECTION 50-110 Entitlement to endorsement
General rule
50-110(1)
An entity is entitled to be endorsed as exempt from income tax if the entity meets all the relevant requirements of this section.
Which entities are entitled to be endorsed?
50-110(2)
To be entitled, the entity must be an entity covered by item 1.1 of the table in section 50-5 .
Requirement for ABN
50-110(3)
To be entitled, the entity must have an * ABN.
50-110(4)
(Repealed by No 169 of 2012)
Requirement to meet special conditions
50-110(5)
To be entitled:
(a) the entity must meet the relevant conditions referred to in the column headed " Special conditions " of item 1.1 of the table in section 50-5 ; or
(b) both of the following conditions must be met:
(i) the entity must not have carried on any activities as a charity;
(ii) there must be reasonable grounds for believing that the entity will meet the relevant conditions referred to in the column headed " Special conditions " of item 1.1 of the table.
(c) (Repealed by No 96 of 2013)
The entity must also satisfy section 50-47 , if the entity is an * ACNC type of entity.
50-110(6)
To avoid doubt, the condition set out in section 50-52 (requiring the entity to be endorsed under this Subdivision) is not a relevant condition for the purposes of subsection (5).
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