Contents
Foreword
 
Part I: Charities and the tax system

Chapter 1 - Purpose of the review

Chapter 2 - Government assistance to the charitable sector through the tax system
 
Part II: The relevance of the definition of "charitable purpose"

Chapter 3 - Current law

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

Chapter 5 - Options for changing the definition
 
Part III: Reporting requirements for charities

Chapter 6 - Current law and practice

Chapter 7 - Why increased reporting is necessary

Chapter 8 - Options for change
 
Part IV: Specific income tax issues

Chapter 9 - Charities' trading operations

Chapter 10 - Charities with purposes outside New Zealand

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

Chapter 12 - Other income tax issues
 
Part V: GST

Chapter 13 - GST issues

Appendix - International comparisons
Tax and charities

Discussion Document

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Foreword

We would like to acknowledge the enormous contribution the voluntary and charitable sector makes to New Zealand society. New Zealanders are indebted to these groups for the work they do in the community, especially in the welfare, health and education spheres.

One of the main forms of government assistance to this sector is to exempt charities from paying income tax. We are issuing this discussion document because we want to ensure that this assistance is as well targeted as it could be. Over our years in politics we have had many approaches from groups within the sector, concerned that in some cases the tax exemption is being inappropriately used, or that some groups do not have access to it. They have often asked that the definition of "charity" for tax purposes be narrowed or modernised. Your views are therefore sought on whether the present definition is appropriate for New Zealand in the 21st century, or whether, and how, it should be modernised.

At present, we do not have enough information about how much money the government spends on this tax exemption, or which groups benefit most from it. We are particularly interested in feedback on the information-gathering, or reporting, proposals. With better information about which organisations are benefiting from the charitable tax exemption, and to what extent, we will be in a much better position to judge whether government assistance through the tax system could be better targeted.

This discussion document contains a range of proposals for updating the definition of "charitable purpose" and improving the accountability of organisations receiving government assistance. It draws on the excellent work contained in the 1989 report of the Working Party on Charities and Sporting Bodies and the 1999 report on Tax Compliance from the Committee of Experts.

It also raises other taxation issues in relation to charities and, in one case, other non-profit bodies. For example, it looks at how the trading operations of charities are taxed, and at other ways charities are assisted through the tax system, such as allowing income tax rebates or deductions for donations to charities. In the final chapter, the discussion document provides solutions to the current uncertainties for charities and other non-profit bodies in relation to GST.

These are important issues, and the government looks forward to receiving your submissions.

 

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



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