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INCOME TAX ASSESSMENT ACT 1997 - SECT 30.229

Australian Business Register must show deductibility of gifts to deductible gift recipient

  (1)   If a * deductible gift recipient has an * ABN, the * Australian Business Registrar must enter in the * Australian Business Register in relation to the deductible gift recipient a statement that it is a deductible gift recipient for a specified period.

Note 1:   An entry (or lack of entry) of a statement required by this section does not affect whether you can deduct a gift to the fund, authority or institution.

Note 2:   This section will apply to all entities and government entities that are endorsed as deductible gift recipients under Subdivision   30 - BA, because they must have ABNs to be endorsed. It will also apply to other entities described or named in Subdivision   30 - A if they have ABNs.

  (2)   If the * deductible gift recipient is a deductible gift recipient only because it is endorsed under Subdivision   30 - BA as a deductible gift recipient for the operation of a fund, authority or institution, the statement must name the fund, authority or institution.

  (2A)   If:

  (a)   the * deductible gift recipient is:

  (i)   a fund, authority or institution; or

  (ii)   a deductible gift recipient only because it is endorsed under Subdivision   30 - BA as a deductible gift recipient for the operation of a fund, authority or institution; and

  (b)   the fund, authority or institution is covered by item   1, 2 or 4 of the table in section   30 - 15;

the statement must specify that the fund, authority or institution is covered by that item.

  (3)   The * Australian Business Registrar may remove the statement from the * Australian Business Register after the end of the period.

  (4)   The * Australian Business Registrar must take reasonable steps to ensure that a statement appearing in the * Australian Business Register under this section is true . For this purpose, the Registrar may:

  (a)   change the statement; or

  (b)   remove the statement from the Register if the statement is not true; or

  (c)   remove the statement from the Register and enter another statement in the Register under this section.


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