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Charities & Not-For-Profits Law in Australia

Tag Archives: ACNC

Remunerating Charity Board Members

Posted in Compliance, Fundraising, Governance

The ACNC have recently released an information paper ‘Remunerating Charity Board Members‘ for charities considering paying board members for their services as a board member. The term ‘board members’ is used throughout the information paper to generically refer to the responsible persons of a charity, such as committee members, directors or Trustees. The ACNC have… Continue Reading

Crowdfunding and Charities

Posted in Fundraising, Governance

Crowdfunding has become a very popular method of online fundraising for charities and not‑for‑profits. It generally involves an organisation setting a fundraising target online and then asking those on the internet (the crowd) for donations to reach that target. The ACNC has issued some information for charities and donors about the use of crowdfunding.  In… 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

ABR and ACNC enter into a data sharing agreement

Posted in Compliance, General, Governance

In a further step to provide a user-friendly and reliable source of data for the community, last week the Australian Business Register (ABR) and Australian Charities and Not for Profits Commission (ACNC) entered into a Memorandum of Understanding (MOU) to facilitate data sharing between the two agencies. Occasionally, there are data discrepancies between the two registers… 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

ATO releases Draft Special Conditions TR2014/D5

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

The ATO has released the Draft Special Conditions Ruling TR 2014/D5 – Income Tax: special conditions for various entities whose ordinary and statutory income is exempt           In August the ATO released draft ruling TR 2014/D5 regarding the proposed application of special conditions inserted by the Tax Laws Amendment (2013 Measures… 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

Missing charities could lose tax concessions

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

The ACNC has recently released a register of charities that have not responded to communication from the regulator (i.e. no known address/contact details or correspondence has been returned to sender). Charities on this database risk losing their entitlements to charity tax concessions and have until 30 June 2014 to update their details and contact the… Continue Reading

Government to Repeal the ACNC

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

Government Introduces Legislation to Repeal the ACNC This morning the Coalition Government introduced a suite of legislation to repeal thousands of Acts, Bills and Regulations in an effort to “cut red tape”. In line with the Government’s pre-election promise, the planned abolition of the ACNC has been tabled as part of the Australian Charities and… Continue Reading

ACNC Annual Information Statement Deadline Approaching

Posted in Compliance, General, Tax Exemptions & DGR Status

ACNC Deadline Approaching Have you submitted your 2013 Annual Information Statement? Regardless of size or purpose all charities registered with the ACNC must submit an Annual Information Statement to the Commissioner each year. The first AIS will need to be completed for the 2012-2013 financial year. If your charity has a financial year calendar (ending… Continue Reading

Charities Act to Commence on 1 January 2014

Posted in Compliance, General, Tax Exemptions & DGR Status

On Thursday last week (the last sitting day before the Christmas break), the Senate adjourned debate on the Social Services and Other Legislation Amendment Bill 2013 (which included the amendment to delay the Charities Act) and ran out of time to return to the debate before rising for the holidays. This means that the Charities Act… Continue Reading

Charities Act Delayed and ACNC to be Abolished

Posted in Compliance, General, Tax Exemptions & DGR Status

Earlier this week, the Minister for Social Services, Kevin Andrews reconfirmed his plans to abolish the Australian Charities and Not-for-profits Commission (ACNC). At the Disability Services CEO conference Minister Andrews stated “to benefit civil society as a whole, the Government has committed to abolishing the Australian Charities and Not-for-profits Commission, with repeal legislation to be… Continue Reading

ACNC Annual Information Statement – 2013 Deadline Extended

Posted in Compliance, General, Tax Exemptions & DGR Status

Some Good News From the ACNC! The Australian Charities and Not-for-Profits Commission (ACNC) has just announced that the reporting deadline for the Annual Information Statement (AIS) due on 31 December 2013 for many charities has been extended to 31 March 2014. Regardless of size or purpose all charities registered with the ACNC must submit an… Continue Reading

ACNC Charity Portal Goes Live

Posted in Compliance, General

Yesterday the Australian Charities and Not-For-Profits Commission (ACNC) launched the new charity portal. The ACNC charity portal is an online service where you can: access and update your charity’s details immediately on the ACNC Register submit your Annual Information Statement onto the Register print a copy of your charity’s registration certificate. It is only available… Continue Reading

New Government Brings Uncertainty to the Not-For-Profit and Charity Sector

Posted in Compliance, General, Governance

Following the Coalition’s election win in September, the Government has continued its rhetoric that it will dismantle the Australian Charities and Not For Profits Commission (ACNC) and move all regulatory functions to the Australian Taxation Office (ATO). With the ACNC still in its infancy, this has brought great uncertainty to the NFP and charity sectors…. Continue Reading

Are you eligible to Bulk Lodge your Annual Information Statement with the ACNC?

Posted in Compliance, General, Governance

Charities registered with the Australian Charities and Not-for-Profits Commission (ACNC) are required to submit an Annual Information Statement (AIS) each year. To make AIS reporting easier for organisations such as a corporate trustee administrating multiple trusts, or an administrative office for multiple religious charities,  the ACNC released form 4C Annual Information Statement – Bulk Lodgement… Continue Reading

CPA Guide helps ACNC Charity Compliance

Posted in Compliance, General

CPA Australia has just released a new guide “Charities – A guide to financial reporting and assurance requirements” to assist charities registered with the Australian Charities and Not-for-profits Commission (ACNC) to understand and comply with their various reporting obligations. This resource is the first of its kind and sets out in plain English the range… Continue Reading

ACNC Private Ancillary Fund Privacy Opt-in Extended to 30 June 2014

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

Under the Australian Charities and Not-for-Profits Commission Act 2012, certain information must be published by the Commissioner on the ACNC Register for the public to view. This information includes the entity’s name, ABN, sub-type, governing rules, details of responsible entities, information statements, financial reports or any other information the Commissioner is authorised to collect. This… Continue Reading