Published on 01 Apr 12
by "AUSTRALIAN TAX FORUM" JOURNAL ARTICLE
The Commonwealth Government is undertaking a range of reforms in relation to the Not-for-profit (NFP) sector. These reforms include the establishment of a specialist regulator, the Australian Charities and Not-for-profit Commission (ACNC) which will now commence operation on 1 October 2012. They also include a proposal for a statutory definition of “charity”, expected to be in operation by 1 July 2013. At the same time, the Government has announced changes to the tax legislation to address what were seen as undesirable outcomes arising from the High Court decision in FCT v Word Investments Ltd in 2008. Against this background, it is perhaps surprising that although taxation of the NFP sector was not on the agenda at the Tax Forum held in Canberra in October 2011, it was announced soon after that there would be a review of the tax concessions available to the sector.
This paper considers what tax changes are currently being proposed and what factors any review of the concessions will need to take into account.
Ann is a Professor, Law School, Fellow, Monash University, Melbourne.
Current 1 December 2014 Current at 28 January 2015
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