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Assisting on whole of government technology agreements November 2, 2017

Maddocks advised the Commonwealth Government’s Digital Transformation Agency (DTA) on its whole of government purchasing agreement with SAP. The DTA was set up in 2015 to assist government departments and agencies with digital transformation and … Continued

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Winner of the first William Ah Ket Scholarship announced November 21, 2017

Tuesday 21 November 2017 A solicitor in a Victorian government agency is the first winner of the William Ah Ket Scholarship, a $5,000 prize named after the first barrister of Chinese heritage in Australia. K … Continued

Latest Article

Back to the future? Five key legal considerations for developers when dealing with industrial sites November 17, 2017

As Melbourne continues to grow with increasing density, the complexities surrounding the interface of industrial precincts with adjoining residential development sites also continue to grow. That issue was put into real context following the recent … Continued

Deductible Gift Recipients (DGRs) Under Review

Update to our recent eAlert: Treasury has now extended the deadline by a further three (3) weeks the deadline for making submissions from 14 July to 4 August 2017.
Submissions may be lodged electronically (preferred) to DGR@Treasury.gov.au or by post to:
Senior Adviser
Individual and Indirect Tax Division
The Treasury
Langton Crescent
PARKES ACT 2600

Is your organisation a DGR?

Are you on a special DGR Register such as Register of Environmental Organisations (REO), Register of Cultural Organisations, the Register for Harm Prevention Charites or the Overseas Aid Gift Deduction Scheme?

Is your organisation specifically listed in the Income Tax Assessment Act 1997?

Does your organisation want to be a DGR?

If the answer to any of these questions is ‘Yes’, it is important you read the discussion paper released by the Commonwealth Treasury Tax Deductible Gift Recipient Reform Opportunities and consider making a submission.

The 14 page paper is an easy read with potentially significant implications if all the possible reforms are implemented. They include:

  • a requirement that all DGRs be registered as charities and regulated by the Australian Charities Not-for-profits Commission (ACNC) – other than government entities, which by definition cannot be charities
  • transferring the administration of the four DGR registers to the Australian Taxation Office (ATO)
  • removing the public fund requirement for DGRs that are charities
  • a rolling program of regular review by the ACNC and/or the ATO of an organisation’s DGR status, which could result in revocation of the DGR status if the review found the necessary grounds
  • a requirement that DGRs be required to certify annually that they meet DGR eligibility requirements, with penalties for false statements.

The paper also contains 13 areas with specific consultation questions which indicate further regulatory reforms under consideration. These include:

  • whether the ACNC should require additional information from all registered charities about its advocacy activities
  • whether there should be a general sunset rule of five years for DGRs that are specifically listed in the ITAA.

Environmental organisations listed on the REO come in for particular mention, with the discussion paper drawing on the 2016 report of the House of Representatives Standing Committee on the Environment of its enquiry into the REO. Stakeholders are specifically asked whether environmental organisations should commit no less than 25 percent of its annual expenditure from its public fund to environmental remediation and whether a higher limit should be considered.

Interested parties are invited by the Government to comment on the proposals outlined in the paper. Submissions may be lodged electronically (preferred) or by post by Friday 14 July 2017.

Email: DGR@Treasury.gov.au

Address written submissions to:

Senior Adviser

Individual and Indirect Tax Division

The Treasury

Langton Crescent

PARKES ACT 2600

Update to our recent eAlert: Treasury has now extended the deadline by a further three (3) weeks the deadline for making submissions from 14 July to 4 August 2017.
Submissions may be lodged electronically (preferred) to DGR@Treasury.gov.au or by post to:
Senior Adviser
Individual and Indirect Tax Division
The Treasury
Langton Crescent
PARKES ACT 2600

Is your organisation a DGR?

Are you on a special DGR Register such as Register of Environmental Organisations (REO), Register of Cultural Organisations, the Register for Harm Prevention Charites or the Overseas Aid Gift Deduction Scheme?

Is your organisation specifically listed in the Income Tax Assessment Act 1997?

Does your organisation want to be a DGR?

If the answer to any of these questions is ‘Yes’, it is important you read the discussion paper released by the Commonwealth Treasury Tax Deductible Gift Recipient Reform Opportunities and consider making a submission.

The 14 page paper is an easy read with potentially significant implications if all the possible reforms are implemented. They include:

  • a requirement that all DGRs be registered as charities and regulated by the Australian Charities Not-for-profits Commission (ACNC) – other than government entities, which by definition cannot be charities
  • transferring the administration of the four DGR registers to the Australian Taxation Office (ATO)
  • removing the public fund requirement for DGRs that are charities
  • a rolling program of regular review by the ACNC and/or the ATO of an organisation’s DGR status, which could result in revocation of the DGR status if the review found the necessary grounds
  • a requirement that DGRs be required to certify annually that they meet DGR eligibility requirements, with penalties for false statements.

The paper also contains 13 areas with specific consultation questions which indicate further regulatory reforms under consideration. These include:

  • whether the ACNC should require additional information from all registered charities about its advocacy activities
  • whether there should be a general sunset rule of five years for DGRs that are specifically listed in the ITAA.

Environmental organisations listed on the REO come in for particular mention, with the discussion paper drawing on the 2016 report of the House of Representatives Standing Committee on the Environment of its enquiry into the REO. Stakeholders are specifically asked whether environmental organisations should commit no less than 25 percent of its annual expenditure from its public fund to environmental remediation and whether a higher limit should be considered.

Interested parties are invited by the Government to comment on the proposals outlined in the paper. Submissions may be lodged electronically (preferred) or by post by Friday 14 July 2017.

Email: DGR@Treasury.gov.au

Address written submissions to:

Senior Adviser

Individual and Indirect Tax Division

The Treasury

Langton Crescent

PARKES ACT 2600