Not for Profit

MinterEllison's tax practice includes a dedicated team who specialise in advising not for profit organisations, are sensitive to the socio-economic environments in which they operate, and who are passionate about working with not for profit organisations to achieve their objectives.

We have significant experience in applying to the Australian Taxation Office, State Revenue Offices, Treasury and other government departments and agencies such as AUSAid to obtain and maintain tax concessions for not for profit organisations (e.g. obtaining deductible gift recipient and income tax exemption status).

We can assist not for profit organisations with advice on all types of entities, including charitable and other philanthropic trusts and foundations such as public and private ancillary funds, incorporated not for profit associations and companies limited by guarantee.

We also assist in establishing, implementing and documenting an appropriate legal structure (e.g. company limited by guarantee, incorporated association, trust); drafting constitutions, rules of association and trust deeds; compliance with state fundraising obligations and obtaining fundraising licences; drafting and reviewing sponsorship and funding agreements; corporate governance including regulatory compliance with ASIC, Consumer Affairs Victoria and other regulatory bodies; and intellectual property including registration of trademarks and copyright.

Our not for profit practice also advises clients on other tax issues including FBT concessions and salary sacrifice arrangements, GST concessions, payroll tax concessions, and employer tax obligations.

19 June 2014

The Full Federal Court decision in Hunger Project Australia has confirmed that an entity can be a 'public benevolent institution' without directly providing relief from poverty, sickness, disability, destitution, helplessness or other distress.

6 February 2014

The Minister for Social Services, Kevin Andrews, confirmed that the federal government will move to abolish the Australian Charities and Not-for-profits Commission (ACNC), and replace it with a Centre of Excellence focused on education for not-for-profits, charitable bodies and for the community.

5 December 2013

A recent case has underlined the importance of a regular review of founding documents to ensure that those documents continue to meet your not for profit organisation's objectives and accurately reflect the activities that the organisation is carrying out.

31 October 2013

Higher education entities that have charitable status and access tax concessions have seen further regulation following the establishment of the Australian Charities and Not-for-Profits Commission (ACNC). The ACNC infrastructure remains in place and affected higher education entities need to continue to comply with their obligations. This article considers the future of the Australian Charities and Not-for-Profits Commission (ACNC) under the new government. Prior to the election the Coalition suggested the ACNC would be abolished. This article outlines the reasons why the ACNC may remain broadly as it is.

26 June 2013

The Not-for-profit Sector Freedom to Advocate Act 2013 commenced on 14 June 2013. The Act prevents agencies from including in agreements between the Commonwealth and not-for-profit entities clauses that restrict or prevent the NFP from commenting on, advocating support for or opposing a change to any matter established by law, policy or practice of the Commonwealth. The Act also invalidates any such clauses contained in existing Commonwealth agreements.