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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your private ruling

Authorisation Number: 1012570541869

Ruling

Subject: Donation deduction

Question

Are you entitled to a deduction for donations to Fund A?

Answer: No

This ruling applies for the following period

Year ending 30 June 2014

The scheme commenced on

1 July 2013

Relevant facts

You have donated money to Fund A, an overseas fund.

Relevant legislative provisions

Income Tax Assessment Act 1997 Division 30

Reasons for decision

Division 30 of the Income Tax Assessment Act 1997 sets out the rules for working out deductions for certain gifts or contributions. These gift provisions are generally directed to the allowance of deductions for donations to certain funds, authorities or institutions whose activities are confined to Australia.

Only certain organisations can receive tax deductible gifts. They are called deductible gift recipients (DGRs).

A DGR is an organisation that is entitled to receive tax deductible gifts. DGRs are:

    · listed by name in the tax law, or

    · endorsed by the Tax Office.

The majority of DGRs are endorsed by the Tax Office. The only DGRs that do not need to be endorsed are those listed by name in the income tax law, including prescribed private funds.

You can check whether an organisation is a DGR by:

    · visiting the Australian Business Register website at http://www.abr.business.gov.au, or

    · phoning us on 13 28 61.

DGRs listed by name

DGRs listed by name in the tax law include organisations such as Amnesty International Australia, the RSPCA and the Australian Sports Foundation. They also include prescribed private funds. For a full list, refer to our fact sheet Deductible gift recipients listed by name in the tax law (NAT 8443).

Endorsed DGRs

To be endorsed as a DGR, an organisation must:

    · fall within a general DGR category as specified in the tax law

    · have an Australian business number (ABN)

    · maintain a gift fund, and

    · be in Australia (with some exceptions).

Searches conducted on the Australian Business Register website and on the list of those DGRs listed by name in the tax law have not brought up a match for Fund A. Accordingly as the fund is not a DGR you are not entitled to a deduction for any donations made to the fund.


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