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Publications

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Nonprofit

  1. 16 Jun 17 Tax deductible gift recipient reform opportunities The Commonwealth Treasury’s Discussion Paper issued on 15 June 2017 is a necessary step towards reducing red tape, strengthening governance and transparency, and reforming Australia’s fragmented and unnecessarily complex tax deductible gift framework.
  2. 8 May 17 Is your NFP correctly self-assessing for income tax exemption? It has recently come to the ATO’s attention that many NFPs, which are actually charitable at law, have been incorrectly self-assessing their right to income tax exemption and the ATO is increasingly reviewing these NFPs to assess their compliance.
  3. 7 Feb 17 Does your organisation meet the ACNC requirements for a Public Benevolent Institution? The ACNC determines whether a charity qualifies as a public benevolent institution (PBI). This decision is then considered by the ATO in determining available tax concessions including entitlement to endorsement as a deductible gift recipient (DGR). The ACNC has published a Commissioner’s Interpretation Statement: Public Benevolent Institutions (CIS) setting out the factors the ACNC will consider when assessing an organisation’s eligibility as a PBI.
  4. 1 Feb 17 Social Impact Investing - Your opportunity to shape Australia’s social investment landscape In light of public sector budget constraints and the trend towards non-profit organisations and social enterprises looking to leverage private sector investments and efficiencies, governments are focusing their attention on how to meet the ever growing social and welfare needs through social impact investing.
  5. 30 Jun 16 Queensland 2016-17 Budget Measures, tax avoidance and the not-for-profit sector Not-for-profits and charities registered as exempt institutions under the Taxation Administration Act 2001 (Qld) (the Act) may be exempt from land tax, payroll tax and transfer duty in particular circumstances.
  6. 6 Jun 16 New ATO guidance on the 'in Australia test' for PBIs and HPCs operating overseas The Australian Taxation Office has recently released new guidance on its website for public benevolent institutions and health promotion charities which wish to expand their activities overseas. It is expected that this will be followed by a formal tax ruling on the issue.
  7. 29 Jul 14 PBI requirements clarified in Hunger Project ruling Recently, the Full Federal Court handed down a unanimous judgment in favour of Hunger Project Australia, which may have significant implications for existing public benevolent institutions and other entities seeking such an endorsement.
  8. 10 Jul 14 Options Paper released for ACNC replacement The Federal Government, through the Department of Social Services, has released an Options Paper setting out options for the replacement of the Australian Charities and Not-for-profits Commission.
  9. 30 Sep 13 The new Charities Act to impact housing providers From 1 January 2014, housing providers previously described as a charity because they were a provider under the National Rental Affordability Scheme will no longer automatically be deemed to be a charity.
  10. 6 Aug 13 Responsible Persons - the new governance standards imposed by the ACNC Each person who is responsible for directing a charity, or a member of the governing body, is identified as a ‘Responsible Person’ by the ACNC. As such they are bound to ensure the charity complies with the requirements and governance standards imposed by the ACNC Act.
  11. 28 Jun 13 Charities beware - do your governing documents need review? With the introduction of the ACNC, and the relationship between that Commission and the ATO, charities and other deductible gift recipients must focus on whether they are compliant with criteria for endorsement for tax concessions. Partner Heather Watson and Consultant Lesleigh Mayes warn charities of the dangers of non-compliance.
  12. 17 Oct 12 Changes to WHS laws regarding volunteers - implications for Not for Profits The introduction of harmonised legislation in the area of work health and safety has brought about some significant changes to the law regarding activities of volunteers in the Australian Capital Territory, New South Wales, Queensland, the Northern Territory and the Commonwealth. Heather Watson, McCullough Robertson partner discusses how these changes to work health and safety laws will have implications for Not for Profits.
  13. 23 Apr 12 Not-for-profits and the new securities regime The Personal Property Securities Act 2009 (Cth) (PPSA) is the new national personal property securities regime which came into effect on 30 January 2012. It represents a significant overhaul of the laws governing the taking of security over personal property within Australia.
  14. 3 Feb 12 Transition from incorporated association to public company limited by guarantee now possible in Queensland Peak trade bodies, non government charities and nonprofits, social action and welfare clubs and organisations need to be aware of the recent amendments to the Associations Incorporation Act 1981 (Qld) (AI Act) which commenced on 6 December 2011.
  15. 30 Sep 11 Amendments proposed to Public Ancillary Funds The Australian Government is seeking submissions on proposed amendments to the tax legislation in relation to Public Ancillary Funds. A Public Ancillary Fund collects tax deductible donations from the public which they on-distribute to other deductible gift recipients that they consider to be for worthwhile causes.
  16. 23 Jun 11 Tax concessions for not-for-profit organisations In the 2011 Federal Budget announcement the Government proposed some significant changes to the operation of the not-for-profit (NFP) sector in Australia.
  17. 13 May 11 Impact of budget proposals on Not-for-Profit organisations (NFP) In the 2011 Budget announcement the Australian Government proposed some significant changes to the operation of the not-for-profit sector in Australia. Partner Heather Watson and the not-for-profit team outline the changes and the impact they will have on Australia’s charitable organisations and not-for-profit groups.

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