Overview
Our charity law practice services the needs of charitable trusts and institutions. It is recognised throughout Australia as the leading practice in this area, and services clients across the nation.
The complex legislation affecting charities means significantly increased burdens from a taxation and fundraising appeals perspective. Further, it has become more important than ever that those charities are structured in the way that attracts the most favourable available tax concessions.
We assist charities and other not-for-profit organisations, or people setting up charities or other not-for-profit organisations, on a range of issues, including:
- providing advice on legal structures
- advising on income tax issues
- preparing documents to establish charities
- arranging for Australian Taxation Office (ATO) endorsements and State Revenue Office exemption
- advising on applicable state or territory fundraising appeals permits
- advising on fringe benefits tax and other employment law tax issues affecting charities
- advising with regard to the goods and services tax obligations of charities, including those relating to receiving grants
- preparing documents to amend the constitutions of charities to ensure compliance with ATO requirements, the Associations Incorporations Act (specific to each state or territory), or the Corporations Act 2001 (Cth).
Our work also includes providing advice and assistance in the rapidly growing area of corporate and private charitable trusts.
We work closely with the ATO and are familiar with its changing requirements with regard to charities. We also work with government regarding the reform of taxation laws in relation to charities. We have been closely involved with the legislation removing various anomalies affecting charitable giving, the legislation enabling endorsed charities and deductible gift recipients to receive cash refunds of excess dividend franking credits, and the legislation permitting the establishment of prescribed private funds.
We have established almost 200 prescribed private funds.
