National Rental Affordability Scheme (Consequential Amendments) Act 2008 (130 of 2008)

Schedule 2   Amendment of the Extension of Charitable Purpose Act 2004

8   After section 4

Insert:

4A Provision of a rental dwelling under National Rental Affordability Scheme is a charitable purpose

(1) Without limiting what constitutes a charitable purpose, charitable purpose includes the provision of a rental dwelling if:

(a) the rental dwelling is provided by an entity that is:

(i) endorsed as exempt from income tax by the Commissioner of Taxation under section 50-105 of the Income Tax Assessment Act 1997; and

(ii) an approved participant in the National Rental Affordability Scheme; and

(b) either:

(i) an allocation in relation to the rental dwelling has been made to the approved participant by the Secretary that specifies a date in the first 2 NRAS years from which the allocation will operate or is taken to have operated; or

(ii) an allocation in relation to the rental dwelling has been reserved and it is genuinely intended by the approved participant that the conditions on which the allocation has been reserved will be fulfilled in the first 2 NRAS years.

(2) To avoid doubt, the provision of the rental dwelling by the entity has effect as a charitable purpose only during the incentive period for the allocation.

(3) This section applies:

(a) for the purposes of a provision of a taxation law or any instrument made, granted or issued under a taxation law; and

(b) for the purpose of determining whether an entity that has been endorsed as exempt from income tax by the Commissioner of Taxation under section 50-105 of the Income Tax Assessment Act 1997, remains, for the purposes of a provision of a taxation law or any instrument made, granted or issued under a taxation law, entitled to be so endorsed.