Charitable fundraising through commercial activities: the final word or a pyrrhic victory?
22 Aug 11 |
JOURNAL OF AUSTRALIAN TAXATION
Issue: Vol 11 Issue 2 2008
Pages: pp. 138-207
In Commissioner of Taxation v Word Investments the Full Federal Court has challenged the notion that an entity cannot be a tax exempt charity if its primary activities consist of raising funds by commercial means to apply those funds to charitable objects.
This article examines how Word sits with the authorities on charities conducting commercial fundraising activities. Ultimately, the inquiry addresses the potential consequences of increased commercial activity following Word and suggests there is a risk that Word may result in the introduction of legislative limits to such activities.
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Ian is an Assistant Professor in the Faculty of Law at the University of Western Australia where he teaches in Taxation and Corporations Law and researches in the areas of Corporate Taxation and the intersection between Not-for-profit Law, Tax and Corporate Governance. He has a number of years' experience as a practitioner in relation to corporate and not-for-profit tax matters across resource taxes, income tax and stamp duty. In particular, he has been extensively involved in the taxation issues arising under native title agreements, including in relation to the benefits management structures established to hold native title payments. Ian's key current research project relates to the accumulation of income by not-for-profits.
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