Private ruling: Deductions
Published: December 2013
Ruling period: Year ending 30 June 2014
Date scheme commenced: 1 July 2013

Ruling: Q1: Are you entitled to a deduction for donations made to an overseas organisation? | A1: No.

Relevant facts and circumstances: This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling. You plan on making a donation to an organisation. The organisation is not listed as a deductible gift recipient (DGR).

Relevant legislative provisions: Income Tax Assessment Act 1997 Section 30-15.

Reasons for decision: Summary: Division 30 of the Income Tax Assessment Act 1997 (ITAA 1997) outlines the guidelines for the deductibility of gifts and donations. Section 30-15 of the ITAA 1997 provides that a gift to any funds and institutions listed is allowable as a deduction in the income year in which the gift is made, provided the gift meets the various conditions of relevant subsections. To be able to claim a tax deduction for a gift, it must: · be made to a deductible gift recipient (DGR) · be a gift of money or property that is covered by a gift type, and · be truly a gift. Subdivision 30-B of the ITAA 1997 sets out a table of recipients for deductible gifts. In your case, the donations were not made to a DGR covered by subdivision 30-B of the ITAA 1997. Therefore, you are not entitled to a deduction. Furthermore, the Commissioner does not have the discretion to waiver the rules in your circumstances.