On 11 May 2011, the ATO issued draft Ruling TR 2011/D2
(Draft Ruling) and a Decision Impact Statement
(Decision Impact Statement)
setting out their views in relation to the Aid/Watch(1)
case (see our case update
here). The Decision Impact Statement and Draft Ruling have a
significant impact on future or proposed activities and on some
organisations not previously considered 'charitable'.
Does this mark the beginning of the public consultation
on a statutory definition of 'charity'?
Despite the timing of the release, the Federal Treasury has said
to Gadens Lawyers that the request for feedback on the Draft Ruling
and the Decision Impact Statement is not the 'consultation'
on the proposed statutory definition of charity foreshadowed in the
2011 Federal Budget (see our update here).
Organisations previously not considered charitable may wish to take
this opportunity to make a submission before future consultation on
a statutory definition of 'charity'.