PART XA
-
ENDORSEMENT OF REGISTERED CHARITIES ETC.
History
Part XA heading amended by No 124 of 2013, s 3 and Sch 11 item 18, by substituting
"
registered charities
"
for
"
charitable institutions
"
, effective 30 June 2013. For application and transitional provisions see note under s
65J(1)
.
Part XA inserted by No 95 of 2004, s 3 and Sch 10 item 23, applicable in relation to benefits provided on or after 1 July 2005. No 95 of 2004, s 3 and Sch 10 item 44, contains the following transitional provision:
44 Transitional
-
GST and FBT endorsements
(1)
This item applies in relation to an entity if:
(a)
immediately before 1 July 2005, the entity was endorsed under section 30-120 or section 50-105 of the
Income Tax Assessment Act 1997
; and
(b)
the entity failed to notify the Commissioner in writing before 1 July 2005 that it chose not to have this item apply to it.
(2)
The entity is taken to have made an application to the Commissioner under section
426-15
in Schedule
1
to the
Taxation Administration Act 1953
for whichever of these kinds of endorsement is most appropriate for the entity:
(a)
endorsement as a charitable institution under subsection
176-1(1)
of the
A New Tax System (Goods and Services Tax) Act 1999
;
(b)
endorsement as a trustee of a charitable fund under subsection
176-5(1)
of the
A New Tax System (Goods and Services Tax) Act 1999
.
(3)
The entity is taken to have made an application to the Commissioner under section
426-16
in Schedule
1
to the
Taxation Administration Act 1953
for whichever of these kinds of endorsement is most appropriate for the entity:
(a)
endorsement as a public benevolent institution under subsection
123C(1)
of the
Fringe Benefits Tax Assessment Act 1986
;
(b)
endorsement for the operation of a public benevolent institution under subsection
123C(3)
of the
Fringe Benefits Tax Assessment Act 1986
;
(c)
endorsement as a health promotion charity under subsection
123D(1)
of the
Fringe Benefits Tax Assessment Act 1986
;
(d)
endorsement under subsection
123E(1)
of the
Fringe Benefits Tax Assessment Act 1986
as a charitable institution covered by paragraph 65J(1)(baa) of that Act.
SECTION 123C
ENDORSEMENT BY COMMISSIONER AS PUBLIC BENEVOLENT INSTITUTION
123C(1)
The Commissioner must endorse an entity as a public benevolent institution if:
(a)
the entity is entitled to be endorsed as a public benevolent institution (see subsection (2)); and
(b)
the entity has applied for that endorsement in accordance with Division
426
in Schedule
1
to the
Taxation Administration Act 1953
.
123C(2)
An entity is entitled to be endorsed as a public benevolent institution if the entity:
(a)
is a registered public benevolent institution; and
(b)
has an ABN; and
(c)
is not an employer in relation to which step 2 of the method statement in subsection
5B(1E)
applies.
History
S 123C(2) amended by No 169 of 2012, s 3 and Sch 2 item 57, by substituting
"
registered public benevolent institution
"
for
"
public benevolent institution
"
in para (a), effective 3 December 2012.
123C(3)
(Repealed by No 169 of 2012)
History
S 123C(3) repealed by No 169 of 2012, s 3 and Sch 2 item 58 effective 3 December 2012. S 123C(3) formerly read:
123C(3)
Endorsement of an entity for the operation of a public benevolent institution.
The Commissioner must endorse an entity for the operation of a public benevolent institution if:
(a)
the entity is entitled to be endorsed for the operation of a public benevolent institution (see subsection (4)); and
(b)
the entity has applied for that endorsement in accordance with Division
426
in Schedule
1
to the
Taxation Administration Act 1953
.
123C(4)
(Repealed by No 169 of 2012)
History
S 123C(4) amended by No 169 of 2012, s 3 and Sch 2 item 58, effective 3 December 2012. S 123C(4) formerly read:
123C(4)
An entity is entitled to be endorsed for the operation of a public benevolent institution if:
(a)
the entity:
(i)
includes the public benevolent institution; and
(ii)
has an ABN; and
(b)
the public benevolent institution is an employer; and
(c)
the public benevolent institution is not an employer in relation to which step 2 of the method statement in subsection
5B(1E)
applies.
123C(5)
(Repealed by No 169 of 2012)
History
S 123C(5) repealed by No 169 of 2012, s 3 and Sch 2 item 58, effective 3 December 2012. S 123C(5) formerly read:
123C(5)
If an entity is endorsed under subsection (3) for the operation of a public benevolent institution, the public benevolent institution is taken to be endorsed under this subsection as a public benevolent institution.
History
S 123C inserted by No 95 of 2004, s 3 and Sch 10 item 23, applicable in relation to benefits provided on or after 1 July 2005. For transitional provision, see note under Part
XA
heading.
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