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ARTICLE · 24 OCTOBER 2018

Overseas activities: two things charities should know

ATO Draft Ruling TR2018/D1 has a useful explanation of the 'in Australia' requirement for tax exemption for non-DGRs.

AustraliaCorporate/Commercial Law
Sam Harmer (Formerly With Bartier Perry)
Sam Harmer (Formerly With Bartier Perry)
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ATO Draft Ruling TR2018/D1

In our previous article ' A bit less xenophobia' in 2016, we reported that the ATO had informally (via its not-for-profit news service) expressed a loosening in its interpretation of the 'in Australia' test for charities wishing to maintain key tax concessions including tax exemption and deductible gift recipient (DGR) status.

That welcome development followed the equally welcome abandonment of the former Government's proposed legislation for a much more restrictive approach to those concessions. Those arguing for the restrictive approach apparently considered tax concessions as effectively, a form of foreign aid - needing to be reined in.

In its 2016 announcement, the ATO indicated it would accept an entity as being principally 'in Australia' for DGR purposes if its central organisation and presence was in Australia, even if the money it raised was spent overseas. The ATO has now issued a draft ruling, TR2018/D1, aimed at

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