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This is a Bill, not an Act. For current law, see the Acts databases.

TAX LAWS AMENDMENT (SPECIAL CONDITIONS FOR NOT-FOR-PROFIT CONCESSIONS) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Tax Laws Amendment (Special
Conditions for Not-for-profit
Concessions) Bill 2012
No. , 2012
(Treasury)
A Bill for an Act to amend the law relating to
taxation, and for related purposes
i Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No.
, 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Restating and standardising the special conditions
for tax concession entities
3
Part 1--Deductible gift recipients
3
Income Tax Assessment Act 1997
3
Income Tax (Transitional Provisions) Act 1997
8
Tax Laws Amendment (2011 Measures No. 2) Act 2011
8
Part 2--Tax exempt entities
9
Income Tax Assessment Act 1936
9
Income Tax Assessment Act 1997
9
Part 3--Miscellaneous amendments
14
Income Tax Assessment Act 1936
14
Income Tax Assessment Act 1997
14
Taxation Administration Act 1953
15
Part 4--Consequential amendments
17
A New Tax System (Australian Business Number) Act 1999
17
A New Tax System (Goods and Services Tax) Act 1999
17
Extension of Charitable Purpose Act 2004
19
Fuel Tax Act 2006
19
Income Tax Act 1986
20
Income Tax Assessment Act 1936
21
Income Tax Assessment Act 1997
21
Income Tax Rates Act 1986
25
Taxation Administration Act 1953
25
Part 5--Consequential amendments to the Fringe Benefits Tax
Assessment Act 1986
27
Fringe Benefits Tax Assessment Act 1986
27
Taxation Administration Act 1953
33
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 ii
Part 6--Amendments to the A New Tax System (Goods and
Services Tax) Act 1999
34
A New Tax System (Goods and Services Tax) Act 1999
34
Part 7--Application and transitional provisions
39
Schedule 2--Amendments commencing if the Australian
Charities and Not-for-profits Commission
(Consequential and Transitional) Act 2012 has not
commenced
41
Fringe Benefits Tax Assessment Act 1986
41
Income Tax Assessment Act 1997
41
Schedule 3--Sydney Dance Company and Australian Chamber
Orchestra Pty. Limited
42
Income Tax Assessment Act 1997
42
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 1
A Bill for an Act to amend the law relating to
1
taxation, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Tax Laws Amendment (Special
5
Conditions for Not-for-profit Concessions) Act 2012.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
The day after this Act receives the Royal
Assent.
However, the provision(s) do not commence
at all if Part 2 of Schedule 2 to the
Australian Charities and Not-for-profits
Commission (Consequential and
Transitional) Act 2012 commences on or
before that day.
4. Schedule 3
Immediately after the commencement of the
provision(s) covered by table item 2.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Restating and standardising the special conditions for tax concession entities Schedule
1
Deductible gift recipients Part 1
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 3
Schedule 1--Restating and standardising the
1
special conditions for tax concession
2
entities
3
Part 1--Deductible gift recipients
4
Income Tax Assessment Act 1997
5
1 Subsection 30-15(2) (paragraph (a) of the cell at table
6
item 1, column headed "Special conditions")
7
Repeal the paragraph, substitute:
8
(a) the fund, authority or
institution must satisfy
the conditions in
section 30-18; and
2 At the end of Subdivision 30-A
9
Add:
10
30-18 Fund, authority or institution must operate in Australia etc.
11
(1) Subject to subsections (4) and (5), a fund, authority or institution
12
satisfies the conditions in this section if:
13
(a) it is established in Australia; and
14
(b) it operates solely in Australia; and
15
(c) it pursues its purposes solely in Australia.
16
(2) Despite subsection (1), a fund, authority or institution that operates
17
or pursues its purposes outside Australia does not fail the
18
conditions in paragraphs (1)(b) and (c) merely because:
19
(a) its activities outside Australia are merely incidental to its
20
operations and pursuit of purposes in Australia; or
21
(b) its activities outside Australia are minor in extent and
22
importance when considered with reference to its operations
23
and pursuit of purposes in Australia.
24
(3) If a fund, authority or institution provides money, property or
25
benefits to another entity that is not a
*
deductible gift recipient,
26
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 1 Deductible gift recipients
4 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
take into account the use of the money, property or benefits by that
1
other entity (or any other entity) when determining whether the
2
fund, authority or institution satisfies the conditions in
3
paragraphs (1)(b) and (c).
4
(4) A fund, authority or institution established and maintained solely
5
for the purpose of providing money for scholarships, bursaries or
6
prizes to which section 30-37 applies satisfies the conditions in this
7
section if it satisfies the condition in paragraph (1)(a).
8
(5) A fund, authority or institution covered by section 30-80
9
(international affairs deductible gift recipients) satisfies the
10
conditions in this section if it satisfies the condition in
11
paragraph (1)(a).
12
(6) For the purposes of determining whether a fund, authority or
13
institution (the parent entity) satisfies the conditions in
14
paragraphs (1)(b) and (c), disregard the activities of any other fund,
15
authority or institution covered by subsection (7) or section 30-80
16
that is operated by the parent entity.
17
(7) A fund, authority or institution covered by item 6.1.1 of the table in
18
subsection 30-55(1) (register of environmental organisations)
19
satisfies the conditions in this section if:
20
(a) it satisfies the condition in paragraph (1)(a); and
21
(b)
the
*
Environment Secretary makes a determination in relation
22
to the fund, authority or institution under subsection
23
30-19(1).
24
30-19 Determination by Environment Secretary
25
(1)
The
*
Environment Secretary may make a determination in relation
26
to a fund, authority or institution if the Environment Secretary
27
considers that the fund, authority or institution meets the
28
requirements specified in the regulations for the purposes of this
29
subsection.
30
Review of determination
31
(2) A fund, authority or institution may apply to the
*
AAT for review
32
of a decision (as defined in the Administrative Appeals Tribunal
33
Act 1975):
34
Restating and standardising the special conditions for tax concession entities Schedule
1
Deductible gift recipients Part 1
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 5
(a) to make a determination under subsection 30-19(1) for the
1
fund, authority or institution; or
2
(b) to not make a determination under that subsection for the
3
fund, authority or institution.
4
3 Subsection 30-25(1) (paragraph (c) of table item 2.1.10,
5
column headed "Fund, authority or institution")
6
Omit "which is carried on otherwise than for the purposes of profit or
7
gain to the individual members of the society or association", substitute
8
"that is a
*
not-for-profit entity".
9
4 Subsection 30-25(2) (cell at table item 2.2.9, column headed
10
"Fund, authority or institution")
11
Repeal the cell, substitute:
12
a company that conducts life
education programs under the
auspices of the Life
Education Centre if the
company is a
*
not-for-profit
entity
5 Subsection 30-25(2) (table items 2.2.28, 2.2.33 and 2.2.39)
13
Repeal the items.
14
6 Paragraph 30-35(4)(c)
15
Repeal the paragraph, substitute:
16
(c) a company that is a
*
not-for-profit entity.
17
7 Subsection 30-40(2) (table item 3.2.13)
18
Repeal the item.
19
8 Subsection 30-45(2) (table items 4.2.1 and 4.2.28)
20
Repeal the items.
21
9 Subsection 30-55(2) (table item 6.2.22)
22
Repeal the item.
23
10 At the end of paragraph 30-60(b)
24
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 1 Deductible gift recipients
6 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Add:
1
Note:
See item 9.2.32.
2
11 Subsection 30-70(1) (table item 8.1.1, column headed
3
"Fund, authority or institution")
4
Omit "
*
non-profit company", substitute "company that is a
5
*
not-for-profit entity".
6
12 Subsection 30-70(1) (table item 8.1.2, column headed
7
"Fund, authority or institution")
8
Omit "
*
non-profit company", substitute "company that is a
9
*
not-for-profit entity".
10
13 Subsection 30-80(2) (at the end of the table)
11
Add:
12
9.2.26 Australian-American
Educational
Foundation the gift must be made
after 30 April 2003
9.2.27
International Specialised Skills Institute
Incorporated
the gift must be made
after 11 August 2005
9.2.28
The Charlie Perkins Scholarship Trust
the gift must be made
after 1 August 2010 and
before 2 August 2013
9.2.29
United States Studies Centre
the gift must be made
after 26 July 2009
9.2.30
Amnesty International Australia
none
9.2.31
International Social Service - Australian
Branch
the gift must be made
after 17 March 2004
9.2.32
the World Wide Fund for Nature
see section 30-60
14 Subsection 30-280(1)
13
Repeal the section, substitute:
14
(1)
The
*
Environment Secretary must enter on the register:
15
(a)
each
*
environmental organisation, and the public fund that it
16
maintains, that he or she has been directed to enter by the
17
Treasurer and the
*
Environment Minister; and
18
(b) each environmental organisation for which a determination
19
has been made under subsection 30-19(1).
20
Restating and standardising the special conditions for tax concession entities Schedule
1
Deductible gift recipients Part 1
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 7
15 Section 30-315 (cell at table item 3, column headed
1
"Provision")
2
Repeal the cell, substitute:
3
item 9.2.30
16 Section 30-315 (after table item 12)
4
Insert:
5
12A Australian-American
Educational
Foundation
item 9.2.26
17 Section 30-315 (cell at table item 30A, column headed
6
"Provision")
7
Repeal the cell, substitute:
8
item 9.2.28
18 Section 30-315 (cell at table item 63A, column headed
9
"Provision")
10
Repeal the cell, substitute:
11
item 9.2.31
19 Section 30-315 (cell at table item 63B, column headed
12
"Provision")
13
Repeal the cell, substitute:
14
item 9.2.27
20 Section 30-315 (cell at table item 118B, column headed
15
"Provision")
16
Repeal the cell, substitute:
17
item 9.2.29
21 Section 30-315 (cell at table item 127A, column headed
18
"Provision")
19
Repeal the cell, substitute:
20
item 9.2.32
22 Paragraph 31-10(2)(a)
21
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 1 Deductible gift recipients
8 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Repeal the paragraph, substitute:
1
(a) satisfy the requirements in section 30-18; and
2
Income Tax (Transitional Provisions) Act 1997
3
23 After section 30-5
4
Insert:
5
30-18 Prescribed medical research institution need not operate in
6
Australia etc.
7
(1) This section applies to a medical research institution that:
8
(a) was a deductible gift recipient just before the commencement
9
of Schedule 1 to the Australian Charities and Not-for-profits
10
Legislation Amendment (Conditions for Tax Concessions)
11
Act 2012; and
12
(b) is prescribed by the regulations for the purposes of this
13
section.
14
(2) The medical research institution satisfies the conditions in
15
section 30-18 of the Income Tax Assessment Act 1997 if the
16
institution satisfies the condition in paragraph (1)(a) of that section.
17
Tax Laws Amendment (2011 Measures No. 2) Act 2011
18
24 Item 7 of Schedule 1
19
Repeal the item, substitute:
20
7 Subsection 30-25(2) (table item 2.2.40)
21
Repeal the item.
22
7A Subsection 30-80(2) (table item 9.2.28)
23
Repeal the item.
24
25
Restating and standardising the special conditions for tax concession entities Schedule
1
Tax exempt entities Part 2
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 9
Part 2--Tax exempt entities
1
Income Tax Assessment Act 1936
2
25 Paragraph 23AG(1AA)(c)
3
Omit "paragraph 50-50(c) or (d)", substitute "paragraph 50-51(2)(c) or
4
(d)".
5
Income Tax Assessment Act 1997
6
26 Before Subdivision 50-A
7
Insert:
8
Guide to Division 50
9
50-1 What this Division is about
10
Certain entities that satisfy the conditions in this Division may be
11
endorsed as exempt from income tax.
12
An entity will not generally be exempt from income tax unless it
13
satisfies all of the following conditions:
14
·
it operates principally in Australia;
15
·
it pursues its purposes principally in Australia;
16
·
it complies with all of the substantive requirements in its
17
governing rules;
18
·
it uses its income and assets solely to pursue the purposes for
19
which it is established;
20
·
it is a not-for-profit entity.
21
Certain entities are not required to satisfy all of these conditions.
22
27 Section 50-1
23
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 2 Tax exempt entities
10 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Renumber as section 50-3.
1
28 Section 50-5 (cells at table items 1.3 and 1.4, column
2
headed "Special conditions")
3
Repeal the cells, substitute:
4
see section 50-50
Note:
Schedule 2 amends items 1.5A and 1.5B of the table in section 50-5 of the Income Tax
5
Assessment Act 1997.
6
29 Section 50-5 (cells at table items 1.6 and 1.7, column
7
headed "Special conditions")
8
Repeal the cells, substitute:
9
see section 50-50
30 Section 50-10 (cell at table item 2.1, column headed
10
"Special conditions")
11
Repeal the cell, substitute:
12
see section 50-50
31 Section 50-15 (paragraph (b) of the cell at table item 3.1,
13
column headed "Special conditions")
14
Repeal the paragraph, substitute:
15
(b) satisfies the conditions in
section 50-50
32 Section 50-15 (cell at table item 3.2, column headed
16
"Special conditions")
17
Repeal the cell, substitute:
18
see section 50-50
33 Section 50-20 (cell at table item 4.1, column headed
19
"Special conditions")
20
Repeal the cell, substitute:
21
see sections 50-50 and 50-52
34 Section 50-30 (cells at table items 6.1 and 6.2, column
22
headed "Special conditions")
23
Repeal the cells, substitute:
24
Restating and standardising the special conditions for tax concession entities Schedule
1
Tax exempt entities Part 2
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 11
see section 50-50
35 Section 50-30 (cell at table item 6.3, column headed
1
"Special conditions")
2
Repeal the cell, substitute:
3
the entity is a
*
not-for-profit
entity
36 Section 50-40 (cells at table items 8.1, 8.2 and 8.3, column
4
headed "Special conditions")
5
Repeal the cells, substitute:
6
the entity is a
*
not-for-profit
entity
37 Section 50-45 (cells at table items 9.1 and 9.2, column
7
headed "Special conditions")
8
Repeal the cells, substitute:
9
see section 50-50
38 Section 50-50
10
Repeal the section, substitute:
11
50-50 Special conditions for certain items
12
General
13
(1) An entity covered by item 1.1, 1.2, 1.3, 1.4, 1.5A, 1.5B, 1.6, 1.7,
14
2.1, 3.1, 3.2, 4.1, 6.1, 6.2, 9.1 or 9.2 is not exempt from income tax
15
unless it:
16
(a)
is
a
*
not-for-profit entity; and
17
(b) satisfies the conditions in subsection (2) (about operating and
18
pursuing its purposes in Australia); and
19
(c) satisfies the conditions in subsection (3).
20
Operating and pursuing purposes in Australia
21
(2) The entity must:
22
(a) operate principally in Australia; and
23
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 2 Tax exempt entities
12 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
(b) pursue its purposes principally in Australia.
1
Other conditions
2
(3) The entity must:
3
(a) comply with all the substantive requirements in its governing
4
rules; and
5
(b) apply its income and assets solely for the purpose for which
6
the entity is established.
7
(4) Subject to subsection (5), if an entity provides money, property or
8
benefits to another entity that is not an
*
exempt entity, the use of
9
the money, property or benefits by the recipient (or any other
10
entity) must be taken into account when determining whether the
11
first mentioned entity satisfies the requirements in
12
paragraphs (2)(a) and (b).
13
(5) If the entity complies with the conditions (if any) prescribed in the
14
regulations for the purposes of this subsection, disregard the use of
15
the following amounts in determining (for the purposes of this
16
Subdivision) whether an entity operates and pursues its purposes in
17
Australia:
18
(a) an amount received by the entity as a grant from a
19
*
government entity;
20
(b) an amount received by the entity as a gift or contribution
21
(whether of money or other property) in circumstances where
22
the provider was not entitled to a deduction under
23
Division 30 in respect of the gift or contribution.
24
50-51 Exemption from conditions about not-for-profit entities and
25
entities pursuing their purposes in Australia
26
(1) The condition in paragraph 50-50(1)(a) does not apply to the
27
following entities:
28
(a) an entity covered by section 50-15 (about employers and
29
employees);
30
(b)
a
*
government entity covered by item 1.4 in the table in
31
section 50-5 (about public educational institutions);
32
(c) a government entity covered by item 6.1 in the table in
33
section 50-30 (about public hospitals).
34
Restating and standardising the special conditions for tax concession entities Schedule
1
Tax exempt entities Part 2
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 13
(2) The conditions in subsection 50-50(2) do not apply to any of the
1
following:
2
(a) an entity endorsed as a
*
deductible gift recipient (other than
3
in respect of operating a fund, authority or institution);
4
(b) an entity endorsed as a deductible gift recipient for the
5
operation of a fund, authority or institution, to the extent that
6
it operates that fund, authority or institution;
7
(c) an entity that:
8
(i) is a foreign resident that is exempt from
*
foreign income
9
tax in the country in which it is resident; and
10
(ii) is prescribed in the regulations for the purposes of this
11
subsection; and
12
(iii) satisfies the conditions (if any) prescribed in the
13
regulations for the purposes of this subsection;
14
(d) an entity that:
15
(i) is an Australian resident; and
16
(ii) operates and pursues its purposes principally outside
17
Australia; and
18
(iii) is prescribed in the regulations for the purposes of this
19
subsection; and
20
(iv) satisfies the conditions (if any) prescribed in the
21
regulations for the purposes of this subsection.
22
Note:
Different requirements apply to deductible gift recipients: see
23
section 30-18.
24
39 Sections 50-55, 50-65, 50-70, 50-72 and 50-75
25
Repeal the sections.
26
Note:
Schedule 2 repeals section 50-60 of the Income Tax Assessment Act 1997.
27
40 Paragraph 50-110(5)(c)
28
Repeal the paragraph, substitute:
29
(c) if item 4.1 of the table in section 50-20 covers the entity--
30
there must be reasonable grounds for believing that the entity
31
will meet the relevant conditions referred to in the column
32
headed "Special conditions" of item 4.1 of the table.
33
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 3 Miscellaneous amendments
14 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Part 3--Miscellaneous amendments
1
Income Tax Assessment Act 1936
2
41 Paragraphs 24AT(c) and (d)
3
Omit "to which any of paragraphs 50-55(a) to (c) of the Income Tax
4
Assessment Act 1997 applies", substitute "that meets the conditions in
5
sections 50-50 and 50-51 of the Income Tax Assessment Act 1997".
6
42 Section 121C (paragraph (a) of the definition of overseas
7
charitable institution)
8
Omit "if the institution had a physical presence in Australia and
9
incurred its expenditure and pursued its objectives principally in
10
Australia", substitute "if it satisfied the conditions in subsection
11
50-50(2) of that Act".
12
Income Tax Assessment Act 1997
13
43 Section 207-117
14
Repeal the section, substitute:
15
207-117 Residency requirement
16
An entity satisfies the residency requirement for the purposes of
17
determining whether, at the time a
*
franked distribution is made,
18
the entity is an
*
exempt institution that is eligible for a refund, if it
19
satisfies the conditions in section 50-50 at all times during which
20
the entity existed during the income year in which the distribution
21
is made.
22
44 Subsection 995-1(1)
23
Insert:
24
not-for-profit entity means an entity that:
25
(a) is not carried on for the profit or gain of its owners or
26
members, neither while it is operating nor upon winding up;
27
and
28
(b)
under
an
*
Australian law,
*
foreign law, or the entity's
29
governing rules, is prohibited from distributing, and does not
30
Restating and standardising the special conditions for tax concession entities Schedule
1
Miscellaneous amendments Part 3
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 15
distribute, its profits or assets to its owners or members
1
(whether in money, property or other benefits), neither while
2
it is operating nor upon winding up, unless the distribution:
3
(i) is made to another not-for-profit entity with a similar
4
purpose; or
5
(ii) is genuine compensation for services provided to, or
6
reasonable expenses incurred on behalf of, the entity.
7
Taxation Administration Act 1953
8
45 At the end of Division 353 in Schedule 1
9
Add:
10
353-30 Checking status of tax exempt entities
11
(1) The Commissioner may require an entity that is a prescribed entity
12
mentioned in paragraph 50-51(2)(c) or (d) of the Income Tax
13
Assessment Act 1997 to give the Commissioner information or a
14
document that is relevant to its status as a prescribed entity. The
15
entity must comply with the requirement.
16
Note:
Failure to comply with this subsection is an offence against section 8C
17
of this Act.
18
(2) If the Commissioner is satisfied of any of the matters set out in
19
subsection (4) in relation to an entity that is a prescribed entity
20
mentioned in paragraph 50-51(2)(c) or (d) of the Income Tax
21
Assessment Act 1997, the Commissioner must, within 28 days, give
22
written notice to the Minister about that fact.
23
(3) The Minister may only disclose information provided under
24
subsection (2) for a purpose relating to the entity's status as a
25
prescribed entity mentioned in paragraph 50-51(2)(c) or (d) of the
26
Income Tax Assessment Act 1997.
27
(4) The matters are as follows:
28
(a) there is a change in the principal purpose of the entity;
29
(b) the entity fails or ceases to comply with any rules or
30
conditions made by the Prime Minister or any other Minister
31
relating to the recipient being a prescribed entity mentioned
32
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 3 Miscellaneous amendments
16 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
in paragraph 50-51(2)(c) or (d) of the Income Tax Assessment
1
Act 1997.
2
(5) The requirement in subsection (1):
3
(a) is to be made by notice in writing to the entity; and
4
(b) may ask the entity to give the information in writing; and
5
(c)
must
specify:
6
(i) the information or document the entity is to give; and
7
(ii) the period within which the entity is to give the
8
information or document.
9
The period specified under subparagraph (c)(ii) must end at least
10
28 days after the notice is given.
11
(6) In a prosecution of a person for an offence against section 8C of
12
this Act because of this section as it applies because of
13
Division 444 in this Schedule (about obligations of entities on
14
behalf of other entities), it is a defence if the person proves that the
15
person:
16
(a) did not aid, abet, counsel or procure the act or omission
17
because of which the offence is taken to have been
18
committed; and
19
(b) was not in any way, by act or omission, directly or indirectly,
20
knowingly concerned in, or party to, the act or omission
21
because of which the offence is taken to have been
22
committed.
23
24
Restating and standardising the special conditions for tax concession entities Schedule
1
Consequential amendments Part 4
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2012 17
Part 4--Consequential amendments
1
A New Tax System (Australian Business Number) Act 1999
2
46 Section 5 (heading)
3
Repeal the heading, substitute:
4
5 Application to government entities, not-for-profit sub-entities,
5
superannuation funds and certain RSE licensees
6
47 Subsection 5(1)
7
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
8
48 Section 41 (definition of Non-profit sub-entity)
9
Repeal the definition.
10
49 Section 41
11
Insert:
12
not-for-profit sub-entity has the meaning given by the A New Tax
13
System (Goods and Services Tax) Act 1999.
14
A New Tax System (Goods and Services Tax) Act 1999
15
50 Subsections 23-15(1) and (2)
16
Omit "non-profit body", substitute "body that is a
*
not-for-profit
17
entity".
18
51 Paragraph 40-130(1)(a)
19
Omit "non-profit body", substitute "body that is a
*
not-for-profit
20
entity".
21
52 Paragraph 40-130(1)(b)
22
Omit "non-profit body", substitute "body".
23
53 Subsection 40-130(2)
24
Repeal the subsection, substitute:
25
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entities
Part 4 Consequential amendments
18 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
(2) However, the body that is a
*
not-for-profit entity:
1
(a) cannot revoke the choice within 12 months after the day on
2
which it made the choice; and
3
(b) cannot make a further choice within 12 months after the day
4
on which it revoked a previous choice.
5
54 Paragraph 40-165(3)(b)
6
Omit "non-profit", substitute "not-for-profit".
7
55 Section 48-1
8
Omit "non-profit bodies", substitute "not-for-profit entities".
9
56 Subsection 48-10(2)
10
Repeal the subsection, substitute:
11
(2) Paragraph (1)(b) does not apply if:
12
(a) the body is a
*
not-for-profit entity; and
13
(b) all the other
*
members of the
*
GST group or proposed GST
14
group are not-for-profit entities; and
15
(c) the body and all those other members are members of another
16
body that is a not-for-profit entity.
17
Note 1:
For the membership requirements of not-for-profit sub-entities, see
18
section 63-50.
19
Note 2:
For the membership requirements of a GST group of government
20
related entities, see section 149-25.
21
57 Paragraph 63-5(2)(aa)
22
Omit "non-profit body", substitute "body that is a
*
not-for-profit
23
entity".
24
58 Paragraph 63-5(2)(b)
25
Omit "non-profit body", substitute "body that is a not-for-profit entity".
26
59 Subsection 63-15(3)
27
Omit "non-profit sub-entity", substitute "not-for-profit sub-entity".
28
60 Subsection 63-27(1)
29
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
30
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Consequential amendments Part 4
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2012 19
61 Paragraph 63-27(1)(a)
1
Omit "non-profit body", substitute "not-for-profit body".
2
62 Paragraph 63-27(2)(a)
3
Omit "non-profit bodies", substitute "not-for-profit bodies".
4
63 Subsection 63-27(3)
5
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
6
64 Section 195-1 (definition of Non-profit sub-entity)
7
Repeal the definition.
8
65 Section 195-1
9
Insert:
10
not-for-profit entity has the meaning given by the
*
ITAA 1997.
11
66 Section 195-1
12
Insert:
13
not-for-profit sub-entity has the meaning given by subsection
14
63-15(3).
15
Extension of Charitable Purpose Act 2004
16
67 Subsection 4(1)
17
Omit "non-profit", substitute "not-for-profit".
18
Fuel Tax Act 2006
19
68 Division 41 (heading)
20
Repeal the heading, substitute:
21
Division 41--Fuel tax credits for business taxpayers and
22
not-for-profit entities
23
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Part 4 Consequential amendments
20 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
69 Section 41-1
1
Omit "non-profit bodies", substitute "bodies that are not-for-profit
2
entities".
3
70 Paragraph 41-5(3)(a)
4
Omit "non-profit body", substitute "body that is a
*
not-for-profit
5
entity".
6
71 Section 70-1
7
Omit "non-profit sub-entities", substitute "not-for-profit sub-entities".
8
72 Section 70-30 (heading)
9
Repeal the heading, substitute:
10
70-30 Application of fuel tax law to GST branches, resident agents
11
and not-for-profit sub-entities
12
73 Section 70-30 (table heading)
13
Omit "non-profit sub-entities", substitute "not-for-profit
14
sub-entities".
15
74 Section 70-30 (table item 3, column 1)
16
Omit "non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
17
75 Section 110-5
18
Insert:
19
not-for-profit entity has the meaning given by subsection 995-1(1)
20
of the Income Tax Assessment Act 1997.
21
76 Section 110-5
22
Insert:
23
not-for-profit sub-entity has the meaning given by section 195-1 of
24
the A New Tax System (Goods and Services Tax) Act 1999.
25
Income Tax Act 1986
26
77 Subsection 3(1)
27
Restating and standardising the special conditions for tax concession entities Schedule
1
Consequential amendments Part 4
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Insert:
1
friendly society dispensary has the meaning given by subsection
2
995-1(1) of the Income Tax Assessment Act 1997.
3
78 Subsection 3(1) (definition of non-profit company)
4
Repeal the definition.
5
79 Subsection 3(1)
6
Insert:
7
not-for-profit entity has the meaning given by subsection 995-1(1)
8
of the Income Tax Assessment Act 1997.
9
80 Subsection 5(3)
10
Omit "a non-profit company", substitute "a company that is a
11
not-for-profit entity or a friendly society dispensary".
12
Income Tax Assessment Act 1936
13
81 Subsection 6(1)
14
Insert:
15
not-for-profit entity has the meaning given by subsection 995-1(1)
16
of the Income Tax Assessment Act 1997.
17
82 Paragraph 103A(2)(c)
18
Repeal the paragraph, substitute:
19
(c) at all times since its formation, and during the year of
20
income, the company has been a not-for-profit entity; or
21
Income Tax Assessment Act 1997
22
83 Subsection 165-12(7A)
23
Repeal the subsection, substitute:
24
(7A) If the company is:
25
(a)
a
*
not-for-profit entity; or
26
(b)
a
*
friendly society dispensary; or
27
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 4 Consequential amendments
22 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
(c)
a
*
mutual affiliate company; or
1
(d)
a
*
mutual insurance company;
2
during the whole of the
*
ownership test period, the conditions in
3
subsections (3) and (4) are taken to have been satisfied by the
4
company.
5
84 Subsection 165-37(4A)
6
Repeal the subsection, substitute:
7
(4A) If the company is:
8
(a)
a
*
not-for-profit entity; or
9
(b)
a
*
friendly society dispensary; or
10
(c)
a
*
mutual affiliate company; or
11
(d)
a
*
mutual insurance company;
12
during the whole of the
*
ownership test period, the conditions in
13
paragraphs (1)(b) and (c) are taken to have been satisfied by the
14
company.
15
85 Subsection 165-115C(4A)
16
Repeal the subsection, substitute:
17
(4A) If the company is:
18
(a)
a
*
not-for-profit entity; or
19
(b)
a
*
friendly society dispensary; or
20
(c)
a
*
mutual affiliate company; or
21
(d)
a
*
mutual insurance company;
22
during the whole of the period from the reference time to the
*
test
23
time, the test time is taken not to be a
*
changeover time in respect
24
of the company because of the application of paragraphs (1)(b) and
25
(c).
26
86 Subsection 165-115L(5)
27
Repeal the subsection, substitute:
28
(5) If the company is:
29
(a)
a
*
not-for-profit entity; or
30
(b)
a
*
friendly society dispensary; or
31
(c)
a
*
mutual affiliate company; or
32
(d)
a
*
mutual insurance company;
33
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1
Consequential amendments Part 4
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during the whole of the period from the reference time to the
*
test
1
time, the test time is taken not to be an
*
alteration time in respect of
2
the company because of the application of paragraphs (1)(b) and
3
(c).
4
87 Subsection 165-123(7A)
5
Repeal the subsection, substitute:
6
(7A) If the company is:
7
(a)
a
*
not-for-profit entity; or
8
(b)
a
*
friendly society dispensary; or
9
(c)
a
*
mutual affiliate company; or
10
(d)
a
*
mutual insurance company;
11
during the whole of the
*
ownership test period, the conditions in
12
subsections (3) and (4) are taken to have been satisfied by the
13
company.
14
88 Paragraph 165-202(1)(f)
15
Repeal the paragraph, substitute:
16
(f) a company that is a
*
not-for-profit entity;
17
89 Subsection 166-145(6)
18
Repeal the subsection, substitute:
19
Conditions in subsections (3) and (4) satisfied by not-for-profit and
20
mutual companies
21
(6) If the company is:
22
(a)
a
*
not-for-profit entity; or
23
(b)
a
*
friendly society dispensary; or
24
(c)
a
*
mutual affiliate company; or
25
(d)
a
*
mutual insurance company;
26
during the whole of the
*
test period, the conditions in
27
subsections (3) and (4) are taken to have been satisfied by the
28
company.
29
90 Paragraph 315-15(a) (note)
30
Repeal the note, substitute:
31
Schedule 1 Restating and standardising the special conditions for tax concession
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Part 4 Consequential amendments
24 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Note:
Item 6.3 of the table in section 50-30 applies to a private health
1
insurer (within the meaning of the Private Health Insurance Act
2
2007) that is a not-for-profit entity.
3
91 Subsection 703-15(2) (paragraph (c) of the cell at table
4
item 2, column 2)
5
Repeal the paragraph, substitute:
6
(c) the entity must not
be a
*
friendly
society dispensary
or a company that is
a
*
not-for-profit
entity.
92 Subsection 719-10(1) (table, column 1)
7
Omit "The entity must not be a non-profit company (as defined in the
8
Income Tax Rates Act 1986)", substitute "The entity must not be a
9
*
friendly society dispensary or a company that is a
*
not-for-profit
10
entity".
11
93 Subparagraph 719-15(3)(a)(vii)
12
Repeal the subparagraph, substitute:
13
(vii)
a
*
friendly society dispensary, or a company that is a
14
*
not-for-profit entity, that is a wholly-owned subsidiary
15
of another tier-1 company of the top company;
16
94 Subsection 995-1(1) (subparagraph (b)(vi) of the definition
17
of eligible Division 166 company)
18
Repeal the subparagraph, substitute:
19
(vi) a company that is a
*
not-for-profit entity; or
20
95 Subsection 995-1(1) (at the end of paragraph (b) of the
21
definition of eligible Division 166 company)
22
Add:
23
; or (ix) a
*
friendly society dispensary.
24
96 Subsection 995-1(1) (definition of non-profit company)
25
Repeal the definition.
26
97 Subsection 995-1(1) (definition of non-profit sub-entity)
27
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1
Consequential amendments Part 4
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2012 25
Repeal the definition.
1
98 Subsection 995-1(1)
2
Insert:
3
not-for-profit sub-entity has the meaning given by section 195-1 of
4
the
*
GST Act.
5
Income Tax Rates Act 1986
6
99 Subsection 3(1)
7
Insert:
8
friendly society dispensary has the meaning given by subsection
9
995-1(1) of the Income Tax Assessment Act 1997.
10
100 Subsection 3(1) (definition of non-profit company)
11
Repeal the definition.
12
101 Subsection 3(1)
13
Insert:
14
not-for-profit entity has the meaning given by subsection 995-1(1)
15
of the Income Tax Assessment Act 1997.
16
102 Subsection 23(6)
17
Omit "a non-profit company", substitute "a company that is a
18
not-for-profit entity or a friendly society dispensary".
19
Taxation Administration Act 1953
20
103 Subsection 16-142(2) in Schedule 1
21
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
22
104 Subsection 110-50(2) in Schedule 1 (table item 50,
23
column headed "Decision")
24
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
25
105 Subsection 382-5(7) in Schedule 1
26
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 4 Consequential amendments
26 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Omit "(non-profit sub-entities)", substitute "(not-for-profit
1
sub-entities)".
2
106 Section 444-85 in Schedule 1 (heading)
3
Repeal the heading, substitute:
4
444-85 Not-for-profit sub-entities
5
107 Subsection 444-85(1) in Schedule 1
6
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
7
8
Restating and standardising the special conditions for tax concession entities Schedule
1
Consequential amendments to the Fringe Benefits Tax Assessment Act 1986 Part 5
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 27
Part 5--Consequential amendments to the Fringe
1
Benefits Tax Assessment Act 1986
2
Fringe Benefits Tax Assessment Act 1986
3
108 Subsection 5B(1E) (method statement, paragraph (d) of
4
step 2)
5
Omit "by non-profit societies and associations", substitute "by societies
6
and associations that are rebatable employers".
7
109 Subparagraph 57A(2)(b)(iii)
8
Repeal the subparagraph, substitute:
9
(iii) a hospital carried on by a society or association that is a
10
rebatable employer;
11
110 Subsection 57A(4)
12
Repeal the subsection, substitute:
13
(4) A benefit provided in respect of the employment of an employee is
14
an exempt benefit if the employer of the employee is a hospital
15
carried on by a society or association that is a rebatable employer.
16
111 Paragraph 58G(2)(a)
17
Repeal the paragraph, substitute:
18
(a) a scientific institution that is a not-for-profit entity; or
19
112 Section 65J (heading)
20
Repeal the heading, substitute:
21
65J Rebate for certain not-for-profit employers etc.
22
113 Subsections 65J(1) and (1A)
23
Repeal the subsections, substitute:
24
Rebatable employer
25
(1) An employer is a rebatable employer for a year of tax if the
26
employer:
27
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 5 Consequential amendments to the Fringe Benefits Tax Assessment Act 1986
28 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
(a) is exempt from income tax at any time during the year of tax
1
under any of the provisions set out in the following table; and
2
(b) satisfies the special conditions (if any) set out in the
3
following table.
4
5
Rebatable employer
Item Column
1
Type of employer
Column 2
Special conditions
1
a charitable institution covered by
item 1.1 of the table in section 50-5
of the Income Tax Assessment Act
1997
The charitable institution is not a
rebatable employer for the year of
tax if it:
(a) is a public benevolent institution;
or
(b) is a health promotion charity; or
(c) is an institution of the
Commonwealth, a State or a
Territory; or
(d) has not been endorsed under
subsection 123E(1).
2
a religious institution covered by
item 1.2 of the table in section 50-5
of the Income Tax Assessment Act
1997
None.
3
a scientific institution covered by
item 1.3 of the table in section 50-5
of the Income Tax Assessment Act
1997
The institution is not an institution of
the Commonwealth, a State or a
Territory unless it:
(a) is an institution established by a
law of the Commonwealth, a
State or a Territory; and
(b) is not conducted by or on behalf
of the Commonwealth, a State or
a Territory; and
(c) is engaged solely in research into
the causes, prevention or cure of
diseases in humans.
4
a public educational institution
covered by item 1.4 of the table in
section 50-5 of the Income Tax
Assessment Act 1997
The institution is not an institution
established by a law of the
Commonwealth, a State or a
Territory unless it:
(a) is not conducted by or on behalf
Restating and standardising the special conditions for tax concession entities Schedule
1
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2012 29
Rebatable employer
Item Column
1
Type of employer
Column 2
Special conditions
of the Commonwealth, a State or
a Territory; and
(b) is a preschool or school (other
than a tertiary institution).
5
a society, association or club:
(a) established for the
encouragement of science; and
(b) covered by item 1.7 of the table
in section 50-5 of the Income
Tax Assessment Act 1997
See subsection (5) of this section.
6
a society, association or club:
(a) established for community
service purposes (except
political or lobbying purposes);
and
(b) covered by item 2.1 of the table
in section 50-10 of the Income
Tax Assessment Act 1997
See subsection (5) of this section.
7
an employer association or an
employee association covered by
item 3.1 of the table in
section 50-15 of the Income Tax
Assessment Act 1997
None.
8
a trade union covered by item 3.2
of the table in section 50-15 of the
Income Tax Assessment Act 1997
None.
9
a society or association:
(a) established for the purpose of
promoting the development of:
(i) aviation; or
(ii) tourism; and
(b) covered by item 8.1 of the table
in section 50-40 of the Income
Tax Assessment Act 1997
See subsection (5) of this section.
10
a society or association:
(a) established for the purpose of
See subsection (5) of this section.
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 5 Consequential amendments to the Fringe Benefits Tax Assessment Act 1986
30 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Rebatable employer
Item Column
1
Type of employer
Column 2
Special conditions
promoting the development of
any of the following Australian
resources:
(i) agricultural resources;
(ii) horticultural resources;
(iii) industrial resources;
(iv) manufacturing
resources;
(v) pastoral resources;
(vi) viticultural resources;
(vii) aquacultural resources;
(viii) fishing resources; and
(b) covered by item 8.2 of the table
in section 50-40 of the Income
Tax Assessment Act 1997
11
a society or association:
(a) established for the purpose of
promoting the development of
Australian information and
communications technology
resources; and
(b) covered by item 8.3 of the table
in section 50-40 of the Income
Tax Assessment Act 1997
See subsection (5) of this section.
12
a society, association or club:
(a) established for the
encouragement of any of the
following:
(i) animal racing;
(ii) art;
(iii) a game or sport;
(iv) literature;
(v) music; and
(b) covered by item 9.1 of the table
in section 50-45 of the Income
Tax Assessment Act 1997
See subsection (5) of this section.
13
a society, association or club:
(a) established for musical
See subsection (5) of this section.
Restating and standardising the special conditions for tax concession entities Schedule
1
Consequential amendments to the Fringe Benefits Tax Assessment Act 1986 Part 5
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2012 31
Rebatable employer
Item Column
1
Type of employer
Column 2
Special conditions
purposes; and
(b) covered by item 9.2 of the table
in section 50-45 of the Income
Tax Assessment Act 1997
Note:
Subsection (3) affects the kind of employers that may be considered to
1
be an institution of government.
2
114 Subsection 65J(5)
3
Repeal the subsection, substitute:
4
(5) A society, association or club is not covered by item 5, 6, 9, 10, 11,
5
12 or 13 for a year of tax if it is:
6
(a) an incorporated company where all the stock or shares in the
7
capital of the company is or are beneficially owned by:
8
(i) the Commonwealth, a State or a Territory; or
9
(ii) an authority or institution of the Commonwealth, a State
10
or a Territory; or
11
(b) an incorporated company where the company is limited by
12
guarantee and the interests and rights of the members in or in
13
relation to the company are beneficially owned by:
14
(i) the Commonwealth, a State or a Territory; or
15
(ii) an authority or institution of the Commonwealth, a State
16
or a Territory.
17
115 Subsection 123E(1)
18
Omit "paragraph 65J(1)(baa)" (wherever occurring), substitute "item 1
19
of the table in subsection 65J(1)".
20
116 Subsection 123E(2)
21
Omit "paragraph 65J(1)(baa)", substitute "item 1 of the table in
22
subsection 65J(1)".
23
117 Paragraph 123E(2)(a)
24
Schedule 1 Restating and standardising the special conditions for tax concession
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Part 5 Consequential amendments to the Fringe Benefits Tax Assessment Act 1986
32 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Before "; and", insert "that is covered by item 1 of the table in
1
subsection 65J(1) and satisfies the special conditions set out in that item
2
(other than the condition relating to endorsement under subsection (1)
3
of this section)".
4
118 Subsection 135Q(1) (note)
5
Omit "non-profit companies", substitute "not-for-profit entities".
6
119 Subsection 136(1) (definition of business operations)
7
Repeal the definition, substitute:
8
business operations, in relation to a government body or a
9
company that is a not-for-profit entity, includes any operations or
10
activities carried out by that body or company.
11
120 Subsection 136(1) (definition of non-profit company)
12
Repeal the definition.
13
121 Subsection 136(1)
14
Insert:
15
not-for-profit entity has the meaning given by subsection 995-1(1)
16
of the Income Tax Assessment Act 1997.
17
122 Subsection 136(1)
18
Insert:
19
rebatable employer has the meaning given by section 65J.
20
123 Paragraph 140(1B)(c)
21
Repeal the paragraph, substitute:
22
(c) a hospital carried on by a not-for-profit entity that is a
23
rebatable employer;
24
124 Subparagraph 140(1C)(b)(iii)
25
Repeal the subparagraph, substitute:
26
(ii) a hospital carried on by a not-for-profit entity that is a
27
rebatable employer.
28
Restating and standardising the special conditions for tax concession entities Schedule
1
Consequential amendments to the Fringe Benefits Tax Assessment Act 1986 Part 5
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 33
Taxation Administration Act 1953
1
125 Paragraphs 426-5(f) and 426-65(1)(f) in Schedule 1
2
Omit "paragraph 65J(1)(baa)", substitute "item 1 of the table in
3
subsection 65J(1)".
4
5
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 6 Amendments to the A New Tax System (Goods and Services Tax) Act 1999
34 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Part 6--Amendments to the A New Tax System
1
(Goods and Services Tax) Act 1999
2
A New Tax System (Goods and Services Tax) Act 1999
3
126 Subsection 9-17(2)
4
Omit "non-profit body", substitute "body that is a not-for-profit entity".
5
127 Section 17-99 (cell at table item 9A, column headed "For
6
this case ...")
7
Repeal the cell, substitute:
8
Not-for-profit sub-entities
128 Section 23-99 (cell at table item 1B, column headed "For
9
this case ...")
10
Repeal the cell, substitute:
11
Not-for-profit sub-entities
129 Section 25-49 (cell at table item 2, column headed "For
12
this case...")
13
Repeal the cell, substitute:
14
Not-for-profit sub-entities
130 Section 25-99 (cell at table item 1B, column headed "For
15
this case...")
16
Repeal the cell, substitute:
17
Not-for-profit sub-entities
131 Section 37-1 (cell at table item 20A, column headed "For
18
this case...")
19
Repeal the cell, substitute:
20
Not-for-profit sub-entities
132 Division 63 (heading)
21
Repeal the heading, substitute:
22
Restating and standardising the special conditions for tax concession entities Schedule
1
Amendments to the A New Tax System (Goods and Services Tax) Act 1999 Part 6
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 35
Division 63--Not-for-profit sub-entities
1
133 Section 63-1
2
Omit "non-profit entities", substitute "not-for-profit entities".
3
134 Section 63-20 (heading)
4
Repeal the heading, substitute:
5
63-20 Not-for-profit sub-entities may register
6
135 Subsection 63-20(1)
7
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
8
136 Section 63-25 (heading)
9
Repeal the heading, substitute:
10
63-25 Registration turnover threshold for not-for-profit sub-entities
11
137 Subsection 63-25(1)
12
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
13
138 Subsection 63-25(1)
14
Omit "non-profit body", substitute "not-for-profit entity".
15
139 Paragraph 63-25(2)(a)
16
Omit "
*
non-profit sub-entities", substitute "
*
not-for-profit sub-entities".
17
140 Paragraph 63-25(2)(a)
18
Omit "non-profit entities", substitute "not-for-profit entities".
19
141 Paragraph 63-25(2)(b)
20
Omit "
*
non-profit sub-entities", substitute "
*
not-for-profit sub-entities".
21
142 Paragraph 63-25(2)(b)
22
Omit "non-profit entities", substitute "not-for-profit entities".
23
143 Section 63-30 (heading)
24
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 6 Amendments to the A New Tax System (Goods and Services Tax) Act 1999
36 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Repeal the heading, substitute:
1
63-30 When not-for-profit sub-entities must apply for cancellation of
2
registration
3
144 Subsection 63-30(1)
4
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
5
145 Subsection 63-30(2)
6
Omit "
*
non-profit sub-entities", substitute "
*
not-for-profit sub-entities".
7
146 Section 63-35 (heading)
8
Repeal the heading, substitute:
9
63-35 When the Commissioner must cancel registration of
10
not-for-profit sub-entities
11
147 Subsection 63-35(1)
12
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
13
148 Subsection 63-35(3)
14
Omit "
*
non-profit sub-entities", substitute "
*
not-for-profit sub-entities".
15
149 Section 63-40 (heading)
16
Repeal the heading, substitute:
17
63-40 Effect on adjustments of becoming a not-for-profit sub-entity
18
150 Subsection 63-40(1)
19
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
20
151 Subsection 63-40(1)
21
Omit "non-profit sub-entity", substitute "not-for-profit sub-entity".
22
152 Paragraph 63-40(1)(a)
23
Omit "non-profit sub-entity" (wherever occurring), substitute
24
"not-for-profit sub-entity".
25
Restating and standardising the special conditions for tax concession entities Schedule
1
Amendments to the A New Tax System (Goods and Services Tax) Act 1999 Part 6
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 37
153 Subsection 63-40(2)
1
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
2
154 Paragraphs 63-40(2)(a) and (b)
3
Omit "non-profit sub-entity", substitute "not-for-profit sub-entity".
4
155 Section 63-45 (heading)
5
Repeal the heading, substitute:
6
63-45 Effect on adjustments of ceasing to be a non-profit sub-entity
7
156 Subsection 63-45(1)
8
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
9
157 Subsection 63-45(1)
10
Omit "non-profit sub-entity", substitute "not-for-profit sub-entity".
11
158 Subsection 63-45(2)
12
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
13
159 Section 63-50
14
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
15
160 Subparagraphs 63-50(e)(i) and (ii)
16
Omit "non-profit sub-entity", substitute "not-for-profit sub-entity".
17
161 Section 72-92 (heading)
18
Repeal the heading, substitute:
19
72-92 Not-for-profit sub-entities
20
162 Section 72-92
21
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
22
163 Section 72-92
23
Omit "non-profit sub-entity" (wherever occurring), substitute
24
"not-for-profit sub-entity".
25
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 6 Amendments to the A New Tax System (Goods and Services Tax) Act 1999
38 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
164 Paragraph 75-11(8)(b)
1
Omit "
*
non-profit sub-entity", substitute "
*
not-for-profit sub-entity".
2
165 Subsection 184-1(4) (note)
3
Omit "non-profit sub-entities", substitute "not-for-profit sub-entities".
4
5
Restating and standardising the special conditions for tax concession entities Schedule
1
Application and transitional provisions Part 7
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 39
Part 7--Application and transitional provisions
1
166 Application of amendments
2
(1)
Subject to subitem (2), the amendments made by this Schedule and
3
Schedule 2 apply to income years starting on or after the
4
commencement of this item.
5
(2)
The following amendments apply to fringe benefit tax years of tax
6
starting on or after the commencement of this item:
7
(a) the amendments made by Part 5 of this Schedule;
8
(b) the amendment of the Fringe Benefits Tax Assessment Act
9
1986 made by Schedule 2.
10
(3)
Subitem (4) applies if:
11
(a) an entity is a not-for-profit entity; and
12
(b) the entity is required to amend its constitution or constituent
13
documents as a result of the amendments made by Part 4 of
14
this Schedule.
15
(4)
Despite subitem (1), the amendments made by Parts 3, 4 and 6 of this
16
Schedule apply in relation to the entity to income years starting on or
17
after the end of the period of 12 months starting at the commencement
18
of this item.
19
167 Transitional provisions
20
(1) Regulations:
21
(a) made for the purposes of subsection 23-15(2) of the A New
22
Tax System (Goods and Services Tax) Act 1999; and
23
(b) in force just before the commencement of this item;
24
have effect from that commencement as if they had been made for the
25
purposes of that subsection as amended by this Schedule.
26
(2) Regulations:
27
(a) made for the purposes of section 50-50, 50-55 or 50-70 of the
28
Income Tax Assessment Act 1997; and
29
(b) in force just before the commencement of this item;
30
Schedule 1 Restating and standardising the special conditions for tax concession
entities
Part 7 Application and transitional provisions
40 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
have effect from that commencement as if they had been made for the
1
purposes of subparagraphs 50-51(2)(c)(ii) and (2)(d)(iii) of that Act as
2
substituted by this Schedule.
3
(3) An
endorsement:
4
(a) made under subsection 123E(1) of the Fringe Benefits Tax
5
Assessment Act 1986; and
6
(b) in force just before the commencement of this item;
7
has effect from that commencement as if it had been made under that
8
subsection as amended by this Schedule.
9
10
Amendments commencing if the Australian Charities and Not-for-profits Commission
(Consequential and Transitional) Act 2012 has not commenced Schedule 2
Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012 No. ,
2012 41
Schedule 2--Amendments commencing if the
1
Australian Charities and Not-for-profits
2
Commission (Consequential and
3
Transitional) Act 2012 has not
4
commenced
5
6
Fringe Benefits Tax Assessment Act 1986
7
1 Subparagraph 58(1)(a)(ii)
8
Omit "or a non-profit company", substitute ", or a company that is a
9
not-for-profit entity".
10
Income Tax Assessment Act 1997
11
2 Subsection 30-20(1) (table item 1.1.2, column headed
12
"Fund, authority or institution")
13
Omit "otherwise than for the purposes of profit or gain to the individual
14
members of the society or association", substitute "that is a
15
*
not-for-profit entity".
16
3 Section 50-5 (cells at table items 1.5A and 1.5B, column
17
headed "Special conditions")
18
Repeal the cells, substitute:
19
see sections 50-50 and 50-52
4 Subsection 50-52(1) (note)
20
Repeal the note.
21
5 Subsection 50-52(3) (note)
22
Repeal the note.
23
6 Section 50-60
24
Repeal the section.
25
26
Schedule 3 Sydney Dance Company and Australian Chamber Orchestra Pty. Limited
42 Tax Laws Amendment (Special Conditions for Not-for-profit Concessions) Bill 2012
No. , 2012
Schedule 3--Sydney Dance Company and
1
Australian Chamber Orchestra Pty.
2
Limited
3
4
Income Tax Assessment Act 1997
5
1 Subsection 30-80(2) (at the end of the table)
6
Add:
7
9.2.33
Sydney Dance Company
none
9.2.34
Australian Chamber Orchestra Pty. Limited
none
2 Section 30-315 (after table item 17B)
8
Insert:
9
17C
Australian Chamber Orchestra Pty. Limited
item 9.2.34
3 Section 30-315 (after table item 112AF)
10
Insert:
11
112B
Sydney Dance Company
item 9.2.33
4 Application
12
The amendments made by this Schedule apply to gifts made on or after
13
the date of commencement of this item.
14

 

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