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ARTICLE · 06 JUNE 2022

Form of reporting for self-assessing not-for-profits

As of 1 July 2023, self-assessing not-for-profits (NFPs) will be required to file an annual report with the ATO.

AustraliaCorporate/Commercial Law

As from 1 July 2023, Not-for-profit entities which do not pay income tax and are not registered as charities, but which are eligible for exemption from income tax assessment and self-assess on that basis will be required to file a report with the ATO.

The report is new but the exercise of assessing on an annual basis whether income tax eligibility is still relevant to all Not-for-profits is required under existing regulations.

The ATO has for some time been concerned that not only are many Not-for-profit entities failing to conduct an internal review annually, but in some cases are actually not eligible to retain income tax exemption.

The Income Tax Assessment Act 1997 (Cth) will not be modified to achieve this power, but a legislative instrument called self-assessing reform tool will be enacted.

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