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Charities & Not-For-Profits Law in Australia

Category Archives: Fundraising

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School Building Funds’ Compliance Reminder

Posted in Compliance, Fundraising, General, Governance

A reminder to check your School Building Funds’ compliance with the ATO requirements. School and College Building Funds may attract the attention of the ATO’s compliance program this year.  The ATO develops and implements its compliance program annually, which identifies key areas for its compliance activities for the financial year.  The compliance program targets areas… Continue Reading

Reporting Deadline for Charities and Public Ancillary Funds Fast Approaching!

Posted in Compliance, Fundraising, General, Governance, Tax Exemptions & DGR Status

The ATO and ACNC are reminding charities and ancillary funds that the annual reporting period is fast approaching. Charities Charities registered with the ACNC (that have an annual year end of 30 June) have less than a week to submit their Annual Information Statement (AIS) to the ACNC. The AIS should be lodged via the… Continue Reading

ACNC Releases Commissioner’s Interpretation Statement on Public Benevolent Institutions

Posted in Compliance, Fundraising, General, Governance, Tax Exemptions & DGR Status

The ACNC Commissioner has just released the ACNC’s Interpretation Statement on Public Benevolent Institutions. The Interpretation Statement provides guidance on the ACNC’s interpretation of the law pertaining to Public Benevolent Institutions (PBI) and insight into how the ACNC and its staff will assess a charitable organisation’s entitlement for endorsement as a PBI. The Interpretation Statement… Continue Reading

The ACNC is here to stay!

Posted in Compliance, Fundraising, General, Governance, Tax Exemptions & DGR Status

Following two years of speculation regarding the future of the charity regulator, earlier today the Minister for Social Services, Christian Porter confirmed that the Federal Government has decided to keep the Australian Charities and Not-for Profits Commission (ACNC). The Liberal Government was elected on a platform to abolish the ACNC and a Bill to abolish… Continue Reading

Charity Sector Update

Posted in Compliance, Fundraising, General, Governance, Tax Exemptions & DGR Status

Future of the ACNC slowly becomes more certain Earlier this month, the (then) Minister for Social Services Scott Morrison stated that “there is very strong support for the Australian Charities and Not-for-profits Commission (ACNC) and I don’t believe there would be any support in the Senate for there to be any change.” Many in the sector were… Continue Reading

Template Governing Document Released by the ACNC

Posted in Compliance, Fundraising, General, Governance

Last week the ACNC released a one page document to be used as a template governing document for registered charities who otherwise don’t have a constitution which satisfies the requirements of the ACNC. This template governing document is for charities which are created by an Act of Parliament or are governed by  Canon Law and… Continue Reading

Time is running out for Public Ancillary Funds: You have until 1 July 2015 to comply

Posted in Compliance, Fundraising, General, Governance, Tax Exemptions & DGR Status

On 2 March 2012, we reported that new laws had been introduced regarding the way public ancillary funds are structured, operated and wound up. What is a Public Ancillary Fund? A Public Ancillary Fund is a type of fund that is entitled to deductible gift recipient (DGR) status and provides a link between charitable organisations that… Continue Reading

The Future of the ACNC Remains Uncertain

Posted in Compliance, Fundraising, General, Governance

The Future of the ACNC Remains Uncertain On 16 June 2014 the Senate Committee delivered a divided report on the Australian Charities and Not-for-profit Commission (Repeal) (No 1) Bill 2014 (No 1 Bill). No 1 Bill Unsurprisingly, the Liberal Senators supported the abolition of the ACNC, however, the Labor and Greens Senators offered dissenting reports… Continue Reading

Accommodation Bonds in Development Funds

Posted in Compliance, Fundraising, General, Liability & Risk

Summary – Aged Care operators can place accommodation bonds in Development Funds. When the Federal Government amended the prudential requirements for the investment of accommodation bonds in residential aged care facilities subject to the Aged Care Act in 2011, there was some doubt as to whether Catholic aged care operators could legitimately place accommodation bonds for… Continue Reading

COAG Regulatory Impact Statement released for Consultation

Posted in Compliance, Fundraising, General, Governance

Summary – COAG has released the Regulatory Impact Assessment (RIA) of potential duplication of governance and reporting standards for charities. On 25 January, COAG released a Regulatory Impact Assessment (RIA) concerning potential duplication of governance and reporting standards for charities. COAG says the purpose of the RIA is to identify and quantify the extent of duplication… Continue Reading

ACNC Commences Operation

Posted in Compliance, Fundraising, General, Governance, Liability & Risk, Tax Exemptions & DGR Status

Summary – The Australian Charities and Not-For-Profits Commission (ACNC) legislation has received royal assent and the ACNC has commenced operation. Today the Governor General assented to the Australian Charities and Not-For-Profits Commission Act 2012 and the Australian Charities and Not-For-Profits Commission (Consequential and Transitional) Act 2012 (ACNC Acts). Who is regulated by the legislation? Although… Continue Reading

Tax Concession Working Group submissions now open

Posted in Compliance, Fundraising, General, Tax Exemptions & DGR Status

Summary – Submissions in response to the Not-For-Profit Sector Tax Concession Working Group’s discussion paper are currently being sought. Submissions in response to the Not-for-profit Sector Tax Concession Working Group’s discussion paper, Fairer, simpler and more effective tax concessions for the not-for-profit sector released on Friday 2 November by the Assistant Treasurer, the Hon David Bradbury MP,… Continue Reading

Government Moves to Ban Gag Clauses in Not-For-Profit Sector

Posted in Compliance, Fundraising, General, Governance

Summary – The Commonwealth Labor Government intends to ban gag clauses in Commonwealth contracts with Not-For-Profits.             On 19 September 2012 the Commonwealth Labor Government announced its intention to introduce legislation to ban so-called “gag” clauses in Commonwealth contracts with the Not-For-Profit sector. The introduction of legislation to expressly ban the use of gag clauses which… Continue Reading

California couple loses USD18 million over IRS form filling error

Posted in Compliance, Fundraising, General

Summary – California couple donated real estate worth USD18 million to a charity but their failure to complete the Internal Revenue Service (IRS) form correctly lead to their loss of the entire associated tax deductions. California couple, Joseph and Shirley Mohamed, donated real estate worth USD18 million to a charity in 2003 and 2004 but… Continue Reading

Appointing an Officeholder as Executor – Avoiding Shifting Executorships

Posted in Fundraising, General

Summary – Care needs to be taken for gifts to charities and not-for-profit entities where an officeholder for the time is being appointed as executor. Often Will makers when leaving a substantial gift to a charity or not-for-profit entity wish to appoint an office holder in the organization as executor of the Will. Such an appointment was reviewed in… Continue Reading

Fundraising Reform for Charities

Posted in Compliance, Fundraising

Summary – The Treasurer released a consultation paper on charitable fundraising reform in February 2012. The Treasury recently released a discussion paper and draft regulation impact statement in relation to proposed charitable fundraising reform.  At the moment, all States and Territories in Australia (except the Northern Territory) have their own fundraising regulations and they have… Continue Reading

Outcome of “Equal Remuneration Case”

Posted in Fundraising, General

SUMMARY Fair Work Australia has handed down a decision to increase wages for community workers. Many community sector workers in Australia should soon see an increase in their pay following the outcome of the Equal Remuneration Case.  In early February 2012, Fair Work Australia, in what has been hailed a “landmark decision”, found in favour… Continue Reading