Congratulations on considering setting up a not-for-profit organisation or a charity. This article will help you choose the right structure.

This article is part 3 of a 5-part series to assist charities. Part 1 is to help you choose the right structure. Part 2 describes the legal documents that you need. Part 4 will discuss what is a Public Benevolent Institution, a health promotion charity and a religious charity, and Part 5 will explain how to obtain deductible gift recipient (DGR) status.

Registered charity

Charities can apply to be registered with the Australian Charities and Not-for-profits Commission (ACNC). The requirements and benefits of being registered with the ACNC are set out in this article.

Tax benefits

In the ACNC registration process, you can apply for the following tax benefits:

  • charity tax concessions. Charities need to register with ACNC before they can receive charity tax concessions from the ATO;
  • additional tax benefits if you are a public benevolent institution (PBI), health promotion charity (HPC)or charity for the advancement of religion; and
  • certain categories of deductible gift recipient (DGR) status.

Additional benefits

Once registered with ACNC you will have the following additional benefits:

  • you will have an online presence on the ACNC Register where the public can find out information about your charity; and
  • you can use the following wording on public documents (such as letterhead, emails and a website) to demonstrate to the public and others your charity’s registration with the ACNC: [your organisation name] is registered as a charity with the Australian Charities and Not-for-profits Commission ABN [#].

Note: you cannot use the ACNC logo on your website or for your not-for-profit organisation or charity.

Conclusion

A charities lawyer can help you register with the ACNC and apply for the relevant tax benefits for your not-for-profit organisation or charity. Check the ACNC website for further information on how to register your charity.

Please note that LegalVision cannot assist with these matters.

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