INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-5 - RULES ABOUT DEDUCTIBILITY OF PARTICULAR KINDS OF AMOUNTS  

Division 30 - Gifts or contributions  

Subdivision 30-A - Deductions for gifts or contributions  

SECTION 30-17   Requirements for certain recipients  

30-17(1)  
This section sets out requirements to be met for you to be able to deduct a gift you make to a fund, authority or institution described in the column headed " Recipient " of item 1, 2 or 4 of the table in section 30-15 . However, this section does not apply to:


(a) a fund, authority or institution that is mentioned by name in an item of a table in Subdivision 30-B ; or


(b) (Repealed by No 88 of 2009)


(c) the Australiana Fund.

30-17(2)  
The fund, authority or institution must:


(a) be an entity or * government entity that is endorsed under Subdivision 30-BA as a * deductible gift recipient; or


(b) in the case of a fund - either:


(i) be owned legally by an entity that is endorsed under Subdivision 30-BA as a * deductible gift recipient for the operation of the fund; or

(ii) be under the control of one or more persons who constitute a * government entity that is endorsed under Subdivision 30-BA as a * deductible gift recipient for the operation of the fund; or


(c) in the case of an authority or institution - be part of an entity or * government entity that is endorsed under Subdivision 30-BA as a * deductible gift recipient for the operation of the authority or institution.

Example:

A public fund that is established and maintained for constructing a building to be used by a State school and is controlled by the principal of the school would be an example of a fund under the control of one or more persons who constitute a government entity that is endorsed as a deductible gift recipient for the operation of the fund, if the school were so endorsed.


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