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This edited version has been archived due to the length of time since original publication.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 private advice

Authorisation Number: 1012623709237

Ruling

Subject: Expenses - donation

Question:

Are you entitled to claim a deduction for a donation made to an overseas organisation?

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 a donation to an overseas organisation.

The organisation is not listed as a deductible gift recipient in Australia.

Relevant legislative provisions:

Income Tax Assessment Act 1997 Section 30-227

Reasons for decision

A donation you make may be deductible provided the recipient is a deductible gift recipient as acknowledged by the Australian Taxation Office under section 30-227 of the Income Tax Assessment Act 1997 (ITAA 1997).

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

DGRs are:

    • endorsed by the Tax Office, or

    • listed by name in the tax law.

The organisation you have made a donation to is not endorsed by the Tax Office as a DGR nor is it listed by name as a DGR in the tax law. Therefore, as the organisation is not a DGR, you are not entitled to claim a deduction for any donations made to this organisation.