A New Tax System (Tax Administration) Act 1999 (179 of 1999)

Schedule 7   Endorsement of deductible gift recipients

Income Tax Assessment Act 1997

6   At the end of Subdivision 30-A

Add:

30-17 Requirements for certain recipients

(1) This section sets out requirements to be met for you to be able to deduct a gift you make to a fund, authority or institution described in the column headed "Recipient" of item 1, 2 or 4 of the table in section 30-15. However, this section does not apply to:

(a) a fund, authority or institution that is mentioned by name in an item of a table in Subdivision 30-B; or

(b) a *prescribed private fund; or

(c) the Australiana Fund.

(2) The fund, authority or institution must:

(a) be an entity or *government entity that is endorsed under Subdivision 30-BA as a *deductible gift recipient; or

(b) in the case of a fund - either:

(i) be owned legally by an entity that is endorsed under Subdivision 30-BA as a *deductible gift recipient for the operation of the fund; or

(ii) be under the control of one or more persons who constitute a *government entity that is endorsed under Subdivision 30-BA as a *deductible gift recipient for the operation of the fund; or

(c) in the case of an authority or institution - be part of an entity or *government entity that is endorsed under Subdivision 30-BA as a *deductible gift recipient for the operation of the authority or institution.

Example: A public fund that is established and maintained for constructing a building to be used by a State school and is controlled by the principal of the school would be an example of a fund under the control of one or more persons who constitute a government entity that is endorsed as a deductible gift recipient for the operation of the fund, if the school were so endorsed.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).