Law Council of Australia

Legal Practice Section

Taxation Administration (Community Charity) Guidelines 2024

The Charities and Not-for-profits Committee of the Law Council of Australia’s Legal Practice Section provided a submission to the Treasury about the exposure draft of the Taxation Administration (Community Charity) Guidelines 2024 (the draft Guidelines), the explanatory statement for the draft Guidelines, and the Factsheet on Community Charity Deductible Gift Recipient Framework (the Factsheet).

On 14 July 2023, the Committee made a submission to Treasury in response to the exposure drafts of the Treasury Laws Amendment (Measures for Consultation) Bill 2023: New class of deductible gift recipients (the draft Bill) and the explanatory memorandum to the draft Bill (Annexed to this submission for ease of reference). While the Committee welcomed the introduction of the new deductible gift recipient (DGR) category for community charities, we recommended addressing fundamental issues within the draft bill and its practical implications to achieve its policy objectives.

The Committee welcomes the draft Guidelines as required to give effect to the measures contained in the Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Act 2024 (Cth), assented to on 28 June 2024 (the Community Charities DGR Legislation).

However, there are some fundamental issues with the draft Guidelines, which will impede the effective implementation of the policy intent of the Community Charities DGR Legislation. The Committee’s comments, as set out in this letter, are respectfully provided as matters for consideration to improve what is proposed in the draft Guidelines.

Read the full submission below.

Last Updated on 09/12/2024

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