Document ID: chunk:federal_register_of_legislation:C2004C01086:clause:8_15:p1
Version: federal_register_of_legislation:C2004C01086
Segment Type: clause
Provision Reference: sch 8 cl 15 (pt 1/5)
Character Range: 223866–226720

15  Section 50‑80 (link note)
Repeal the link note, substitute:

Subdivision 50‑B—Endorsing charitable entities as exempt from income tax

Guide to Subdivision 50‑B

50‑100  What this Subdivision is about

       This Subdivision sets out rules about endorsement of charitable institutions and trust funds for charitable purposes as exempt from income tax. Such entities are only exempt from income tax if they are endorsed.

Table of sections

Endorsing charitable entities as exempt from income tax

50‑105 Endorsement by Commissioner
50‑110 Entitlement to endorsement
50‑115 Applying for endorsement
50‑120 Dealing with an application for endorsement
50‑125 Notifying outcome of application for endorsement
50‑130 Date of effect of endorsement
50‑135 Review of refusal of endorsement
50‑140 Checking entitlement to endorsement
50‑145 Telling Commissioner of loss of entitlement to endorsement
50‑150 Partnerships and unincorporated bodies
50‑155 Revoking endorsement
50‑160 Review of revocation of endorsement

[This is the end of the Guide.]

Endorsing charitable entities as exempt from income tax

50‑105  Endorsement by Commissioner

  The Commissioner must endorse an entity as exempt from income tax if the entity:
 (a) is entitled to be endorsed as exempt from income tax; and
 (b) has applied for endorsement.

50‑110  Entitlement to endorsement

General rule

 (1) An entity is entitled to be endorsed as exempt from income tax if the entity meets all the relevant requirements of this section.

Which entities are entitled to be endorsed?

 (2) To be entitled, the entity must be an entity covered by item 1.1, 1.5, 1.5A or 1.5B of the table in section 50‑5.

Requirement for ABN

 (3) To be entitled, the entity must have an *ABN.

 (4) However, for a trust:
 (a) covered by item 1.5 of the table in section 50‑5 because the trust is covered by paragraph 50‑80(1)(d); or
 (b) covered by item 1.5A of the table in section 50‑5 (because the trust is covered by paragraph 50‑80(1)(c));
to be entitled, the existing trust mentioned in paragraph 50‑80(1)(a) must have an *ABN.

Requirement to meet special conditions

 (5) To be entitled, either:
 (a) the entity must meet the relevant conditions referred to in the column headed "Special conditions" of whichever of items 1.1, 1.5, 1.5A and 1.5B of the table in section 50‑5 covers the entity; or
 (b) both of the following conditions must be met:
 (i) the entity must not have carried on any activities as a charitable institution (if the entity is covered by item 1.1 of the table in section 50‑5) or for public charitable purposes (if the entity is covered by item 1.5, 1.5A or 1.5B of that table);
 (ii) there must be reasonable grounds for believing that the entity will meet the relevant conditions referred to in the column headed "Special conditions" of whichever of items