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