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ACNC is also working with its constituents to publish an
Interpretation Statement on eligibility criteria for public
benevolent institutions. Presently many applicants are taking
advantage of the decision in the Hunger Project case1 to
secure public benevolent institution status notwithstanding they
only fundraise and also notwithstanding that money raised is sent
overseas.
Many local charities direct funds to relieve poverty,
misfortune, illness, distress, suffering and helplessness
experienced by persons in third world countries. The method up to
date of passing such funds overseas has required a charity to
secure an overseas aid fund endorsement and then distributions
could only be made to developing countries for projects which were
developmental in character or directed at disaster relief; now if a
local fundraising entity secures PBI status and satisfies ACNC that
its funds reach their destination through collaboration with an
entity located at the destination, then a broader category of need
can be funded from Australia and a tax deduction given to a
donor.
Footnote
1 Commissioner of Taxation v Hunger Project
Australia [2014] FCAFC 69
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