Published on 06 Jun 06
by VICTORIAN DIVISION, THE TAX INSTITUTE
Recently, it appears that there has been a general tightening of the law applying to charities, clubs and associations. There also appears to have been increased scrutiny by the Australian Taxation Office of these bodies, in particular those entities endorsed with income tax exempt status and entitled to receive gifts which are deductible for income tax purposes. This paper discusses this trend and, in doing so, covers the following issues:
- the impact of the decision in Central Bayside Division of General Practice Ltd
- the approach taken by the Commissioner in the recent (finalised) rulings - TR 2005/21 and TR 2005/22
- the status of the "mutuality principle" in light of the Coleambally decision and the Tax Laws Amendment (2005 Measures No.6) Act 2006
- the recent decision involving the South Sydney Junior Rugby League Club.
The paper also provides an insight on some recent issues with the Australian Taxation Office in relation to applications for endorsement as tax concession charities and deductible gift recipients.
Nasos is a Senior Associate with Corrs Chambers Westgarth.
Current at 19 May 2006 Current at 24 May 2006
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John is Special Counsel with Corrs Chambers Westgarth.
Current at 19 May 2006 Current at 08 June 2006