Div 176 substituted by No 169 of 2012, s 3 and Sch 2 item 123, effective 3 December 2012. No 169 of 2012, s 3 and Sch 2 items 124 and 125 contained the following transitional provisions:
124 Transitional provision
-
endorsements as charities
An entity that, just before 3 December 2012, was endorsed:
(a)
as a charitable institution under subsection 176-1(1) of the
A New Tax System (Goods and Services Tax) Act 1999
; or
(b)
as a trustee of a charitable fund under subsection 176-5(1) of that Act;
is taken, from 3 December 2012, to have been endorsed as a charity under subsection 176-1(1) of that Act, as amended.
125 Transitional provision
-
applications for endorsement
An application for endorsement:
(a)
made under paragraph 176-1(1)(b) or 176-5(1)(b) of the
A New Tax System (Goods and Services Tax) Act 1999
before 3 December 2012; and
(b)
not withdrawn or finally dealt with before 3 December 2012;
is taken, from 3 December 2012, to have been made under paragraph 176-1(1)(b) of that Act as amended.
Div 176 formerly read:
Division 176
-
Endorsement of charitable institutions etc.
176-1 Endorsement by Commissioner as charitable institution
(1)
The Commissioner must endorse an entity as a charitable institution if:
(a)
the entity is entitled to be endorsed as a charitable 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
.
(2)
An entity is entitled to be endorsed as a charitable institution if the entity:
(a)
is a charitable institution; and
(b)
has an *ABN.
History
S 176-1 inserted by No 95 of 2004, s 3 and Sch 10 item 15, applicable in relation to net amounts for tax periods starting on or after 1 July 2005. For transitional provisions, see note under former wording of sec 176-5.
176-5 Endorsement by Commissioner as trustee of a charitable fund
(1)
The Commissioner must endorse an entity as a trustee of a charitable fund if:
(a)
the entity is entitled to be endorsed as a trustee of a charitable fund (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
.
(2)
An entity is entitled to be endorsed as a trustee of a charitable fund if the entity:
(a)
is a trustee of a charitable fund; and
(b)
has an *ABN.
History
S 176-5 inserted by No 95 of 2004, s 3 and Sch 10 item 15, applicable in relation to net amounts for tax periods starting on or after 1 July 2005.
Act No 95 of 2004, s 3 and Sch 10 item 44, contained the following transitional provision:
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 426-15 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 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.
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