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Ruling
Subject: Donations
Question
Are you entitled to a deduction for donations made to an overseas organisation?
Answer
No.
This ruling applies for the following period
Year ended 30 June 2011
The scheme commenced on
1 July 2010
Relevant facts
You have made a donation of money to an overseas organisation for the renovation or reconstruction of a building.
The organisation is not listed as 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 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 overseas organisation is not in Australia and is not 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.