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Edited version of your private ruling
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Ruling
Subject: Donation
Question
Are you entitled to a deduction for donations for humanitarian aid made to the people of an overseas country?
Answer
No.
This ruling applies for the following period
Year ended 30 June 2012
The scheme commenced on
1 July 2011
Relevant facts
You made two donations to the people of an overseas country of humanitarian aid.
The donations were not sent to a deductible gift recipient (DGR).
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 30-15
Reasons for decision
Division 30 of the Income Tax Assessment Act 1997 (ITAA 1997) outlines the guidelines for the deductibility of gifts and donations. Section 30-15 of the ITAA 1997 provides that a gift to any funds and institutions listed is allowable as a deduction in the income year in which the gift is made, provided the gift meets the various conditions of relevant subsections.
To be able to claim a tax deduction for a gift, it must:
· be made to a deductible gift recipient (DGR)
· be a gift of money or property that is covered by a gift type, and
· be truly a gift.
Subdivision 30-B of the ITAA 1997 sets out a table of recipients for deductible gifts.
In your case, the donations were not made to a DGR covered by subdivision 30-B of the ITAA 1997. Therefore, you are not entitled to a deduction.
Furthermore, the Commissioner does not have the discretion to waiver the rules in your circumstances.
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