Not for Profit Interests



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    Following our recent submissions on the Government’s consultation paper regarding a statutory definition of charity (click here to read), the Federal Government’s reform agenda continues at a rapid pace with the release on 9 December 2011 of 2 more major elements of the reform being:

    •    Exposure draft legislation to establish the Australian Charities and Not-for-profits Commission (ACNC) as announced in the 2011 budget; and
    •    A consultation paper on current governance arrangements for the not for profit sector.

    Defining Charity

    Moore Stephens have written a submission responding to the Treasury consultation paper on “A Definition of Charity” The submission was lodged with Treasury this month
    On 2 November 2011 the Australian Taxation Office released Draft GST Ruling GSTR 2011/D4: Grants of Financial Assistance (the “Draft Ruling”). The draft ruling represents a substantial rewrite of an earlier ruling on the same topic, GSTR 2000/11 (the “Old Ruling”), and follows numerous court decisions which have both challenged and developed the ATO’s interpretation of the GST law.

    Both providers and recipients of grants should review their GST treatment in light of the Draft Ruling, as some aspects of the ATO’s interpretation of the law have changed, particularly in the areas of peripheral supplies and tripartite arrangements.
    A further piece of the Government’s reform agenda for the not-for-profit sector began to take shape on Friday 28 October 2011, with the release of a consultation paper on introducing a statutory definition of charity.

    The consultation paper is a welcome response to numerous calls for clarity by organisations including the Charities Definition Inquiry, Productivity Commission and the Senate Economic Legislation Committee. It appears to foreshadow a statutory definition which preserves key benefits of the current common law definition, such as flexibility around the meaning of charitable purpose. The proposals seem to be a genuine effort to codify existing principles, rather than an attempt to narrow the definition of charitable entity.
    The Australian Taxation Office has released Taxation Ruling TR 2011/4 on 12 October, which sets out the Commissioner’s view on:

        •    features that distinguish a charitable institution from a charitable fund
        •    circumstances under which an institution or fund will be considered charitable
        •    determining whether the purpose of an institution or fund is charitable; and
        •    recent court decisions in numerous cases such as Word Investments, Aid/Watch, Central Bayside and Victorian Womens Lawyers
    Exposure Draft in Australia special conditions
    The Assistant Treasurer has recently released an exposure draft updating the current ‘in Australia’ special conditions for tax concession entities.
    TR2005/22DA puts NFP subsidiary entities on the Hit List
    The 2011/12 Federal Budget heralded wide-sweeping changes to the Not for Profit (NFP) sector. In particular, the tax changes may be the most significant to the NFP sector since the introduction of GST.  

    The Assistant Treasurer, the Hon Bill Shorten MP, has released a consultation paper with further details of the Federal Government’s 2011-12 Budget announcement to reform the use of not-for-profit (NFP) tax concessions for unrelated commercial activities from 1 July 2011.
    The times they are a changing……

    Last night’s budget heralded some of the most significant changes to the Not for Profit Sector.

    This Not for Profit Sector – Special Budget Update outlines the key changes announced by the Gilliard government as part of the 2011-12 Federal Budget.


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