NZ Government

Tax and charities


A Government discussion document

Hon Dr Michael Cullen
Minister of Finance
Minister of Revenue

Hon Paul Swain
Associate Minister of
Finance and Revenue

John Wright MP
Parliamentary Under-Secretary
to the Minister of Revenue


June 2001


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Contents

Foreword

Part I - Charities and the tax system

Chapter 1 - Purpose of the review

This review
Other reviews

Chapter 2 - Government assistance to the charitable sector through the tax system

The purpose of charities
Government support for greater private provision
Summary of proposals
Defining "charitable purpose" - two options
Reporting requirements
Specific tax issues
Outcome of consultation process
Communicating your views

Part II - The relevance of the definition of "charitable purpose"

Chapter 3 - Current law

Charitable purposes
Historical influences
Case law in relation to the four categories of charitable purpose

Chapter 4 - Why review the definition of "charitable purpose"?

Chapter 5 - Options for changing the definition

Option 1: Maintain the current definition but with safeguards
Option 2: Replace the existing definition with a new, general definition assisted by detailed guidelines on how the definition should be applied, with specific approval required
Alternative approach: Limit the definition to the relief of poverty, illness, distress or other suffering
Blood ties, contractual arrangements and the public benefit test

Part III - Reporting requirements for charities

Chapter 6 - Current law and practice

Accounting
Tax
Charitable Trusts Act

Chapter 7 - Why increased reporting is necessary

Cost of the subsidy
Accountability

Chapter 8 - Options for change

Registration
Approved registration
Annual accounts
Tax returns
Other forms of regular monitoring

Part IV - Specific income tax issues

Chapter 9 - Charities' trading operations

Proposal
Advantages
Disadvantages

Chapter 10 - Charities with purposes outside New Zealand

Proposal
Advantages
Disadvantages

Chapter 11 - The tax treatment of donations made by individuals and companies

Rebate limit for donations - individuals
Other matters considered
Deduction limit for donations - companies

Chapter 12 - Other income tax issues

Imputation
Fringe benefit tax
Superannuation schemes for employees of charities

Part V - GST

Chapter 13 - GST issues

Current treatment
Current practice
Proposals

Appendix 1 - International comparisons

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First published in June 2001 by the Policy Advice Division of the Inland Revenue Department, P O Box 2198, Wellington.

Tax and charities; A Government discussion document on taxation issues relating to charities and non-profit bodies.

ISBN 0-478-10343-3