TAX LAW IMPROVEMENT ACT 1997 NO. 121, 1997 - SCHEDULE 9

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TAX LAW IMPROVEMENT ACT 1997 NO. 121, 1997 - SCHEDULE 9

- Gifts or contributions

Part 1—Amendment of the Income Tax (Transitional Provisions) Act 1997
1 At the end of section 28-100

Add:

[The next Division is Division 30.]

2 After Division 28

Insert:

Division 30—Gifts or contributions

Table of sections

30-1 Application of Division 30 of the Income Tax Assessment Act 1997
30-5 Keeping in force old declarations and instruments
30-10 Applications for approval of testamentary gifts not yet decided
30-15 Keeping in force the guidelines for deciding testamentary gifts
30-20 Keeping in force certificates approving testamentary gifts
30-25 Keeping in force the old gifts registers

30-1 Application of Division 30 of the Income Tax Assessment Act 1997

Division 30 of the Income Tax Assessment Act 1997 applies to assessments for the 1997-98 income year and later income years.

30-5 Keeping in force old declarations and instruments

(1): This section applies to a declaration or other instrument (described in column 2 of an item in the table in this section) that is in force at the end of 30 June 1997 for the purposes of the provision of the Income Tax Assessment Act 1936 referred to in that column of the item.
(2): On and after 1 July 1997 the declaration or other instrument also has effect as if it were an approval or declaration (described in column 3 of the same item) made for the purposes of the provision of the Income Tax Assessment Act 1997 referred to in that column of the item.

On and after 1 July 1997
Item	This approval, declaration or other instrument:	also has effect as if it were:
1	An instrument certifying an institution to be a technical and further education institution for the purposes of item 2.1.7 of table 2 in subsection 78(4)	A declaration that the institution is a technical and further education institution for the purposes of item 2.1.7 of the table in subsection 30-25(1)
2	An instrument certifying that purposes of an institution covered by item 2.1.7 of table 2 in subsection 78(4), or of the college covered by item 2.2.14 of that table, relate exclusively to tertiary education	A declaration (for the purposes of section 30-30) that those purposes of the institution, or of the college, relate solely to tertiary education
3	An instrument approving an organisation, or a branch or section of an organisation, to be a marriage guidance organisation for the purposes of item 8.1.1 of table 8 in subsection 78(4)	A declaration that the organisation, or branch or section of the organisation, is a marriage guidance organisation for the purposes of item 8.1.1 of the table in subsection 30-70(1)
4	A declaration that a public fund is an eligible fund for the purposes of item 9.1.1 of table 9 in subsection 78(4)	A declaration that the public fund is a relief fund for the purposes of item 9.1.1 of the table in subsection 30-80(1)
5	An instrument approving a person as a valuer under subsection 78(18)	An approval of the person as a valuer under section 30-210
6	An instrument approving an organisation as an approved organisation for the purposes of subsection 78(21)	A declaration that the organisation is an approved organisation for the purposes of section 30-85
7	An instrument certifying a country to be a developing country for the purposes of subsection 78(21)	A declaration that the country is a developing country for the purposes of section 30-85

30-10 Applications for approval of testamentary gifts not yet decided

If, at the end of the 1996-97 income year, the Minister for Communications and the Arts has not decided a written application that you made under subsection 78(6B) of the Income Tax Assessment Act 1936 , you are taken, at the start of the 1997-98 income year, to have made a written application to the Minister under section 30-235 of the Income Tax Assessment Act 1997 .

Note: Subsection 78(6B) of the Income Tax Assessment Act 1936 , and section 30-235 of the Income Tax Assessment Act 1997 , are about applying for a certificate for approval of a gift as a testamentary gift.

30-15 Keeping in force the guidelines for deciding testamentary gifts

(1)

Note: The Minister must decide an application for a certificate approving a gift as a testamentary gift in accordance with these guidelines.

(2): They have effect in the 1997-98 income year or a later income year as if a reference in them to a provision of the Income Tax Assessment Act 1936 were a reference to the corresponding provision of the Income Tax Assessment Act 1997 .

30-20 Keeping in force certificates approving testamentary gifts

A certificate given by the Minister for Communications and the Arts under subsection 78(6B) of the Income Tax Assessment Act 1936 that is in force at the end of the 1996-97 income year is taken, in the 1997-98 income year or a later income year, to be a certificate given by the Minister under section 30-235 of the Income Tax Assessment Act 1997 .

Note: Such a certificate is an approval of a gift as a testamentary gift.

30-25 Keeping in force the old gifts registers

(1): On and after 1 July 1997, the register described in column 2 of an item in the table in this section (as the register existed at the end of 30 June 1997) also has effect as if it were the register described in column 3 of that item.
(2): Anything done on or after 1 July 1997 in relation to the register described in column 3 of an item in the table also has effect as if it had been done in relation to the register described in column 2 of that item.

On and after 1 July 1997
Item	This register:	also has effect as if it were:
1	The register of cultural organisations kept under section 78AA	The register of cultural organisations kept under Subdivision 30-F
2	The register of environmental organisations kept under section 78AB	The register of environmental organisations kept under Subdivision 30-E

[The next Division is Division 32.]

Part 2—Consequential amendment of the Income Tax Assessment Act 1997
3 Section 12-5 (table item headed "employees")

Omit "78", substitute "25-50".

4 Section 12-5 (table item headed "gifts")

Repeal the item, substitute:

gifts
general	Division 30
limit on deduction	26-55
see also tax avoidance schemes

5 Section 12-5 (after the table item headed "plant and articles")

Insert:

political parties
contributions to	Division 30

6 Subsection 26-55(1)

Omit "of the Income Tax Assessment Act 1936 ".

7 Paragraph 26-55(1)(a)

Repeal the paragraph, substitute:

(a): section 25-50 (which is about payments of pensions, gratuities or retiring allowances) of this Act;
(ba): Division 30 (which is about deductions for gifts or contributions) of this Act;

8 Paragraph 26-55(1)(b)

After "(Promoters recoupment tax)", insert "of the Income Tax Assessment Act 1936 ".

9 Paragraph 26-55(1)(c)

After "Part III", insert "of the Income Tax Assessment Act 1936 ".

10 Paragraph 26-55(1)(d)

After "(Deductions for superannuation contributions by eligible persons)", insert "of the Income Tax Assessment Act 1936 ".

11 Paragraph 26-55(1)(e)

After "(Drought investment allowance)", insert "of the Income Tax Assessment Act 1936 ".

12 Paragraph 165-55(5)(d)

Omit "section 78 (Deductions for gifts, pensions etc.) or".

13 After paragraph 165-55(5)(e)

Insert:

(fa): deductions for payments of pensions, gratuities or retiring allowances under section 25-50;
(fb): deductions for gifts under Division 30;

14 Subsection 995-1(1)

Insert:

"cultural organisation" has the meaning given by section 30-300.

15 Subsection 995-1(1)

Insert:

"environmental organisation" has the meaning given by sections 30-260 and 30-275.

Part 3—Consequential amendment of the Income Tax Assessment Act 1936
16 Subsection 6(1) (paragraph (aa) of the definition of apportionable deductions )

Repeal the paragraph, substitute:

(aa): deductions allowed or allowable under subsection 78(4) or (5) of this Act or section 30-15 of the Income Tax Assessment Act 1997 (the 1997 Act ) because of item 1 or 2 of the table in that section (except deductions allowed or allowable for gifts of property that is trading stock of the taxpayer to which subsection 36(1) of this Act or section 70-90 of the 1997 Act applies, if the taxpayer has not made, and does not make, an election under subsection 36(3) or section 36AAA of this Act, or Subdivision 385-E of the 1997 Act, in relation to the property); or

17 Subsection 78(4)

After "A gift by a taxpayer", insert "in the 1996-97 income year or an earlier income year".

18 At the end of paragraph 78(4)(f)

Add:

Note: Division 30 of the Income Tax Assessment Act 1997 deals with the deductibility of gifts made in the 1997-98 year of income or a later year of income.

19 Subsection 78(5)

After "A gift by a taxpayer", insert "in the 1996-97 income year or an earlier income year".

20 At the end of subsection 78(5)

Add:

Note: Division 30 of the Income Tax Assessment Act 1997 deals with the deductibility of gifts made in the 1997-98 year of income or a later year of income.

21 Subsection 78(6)

After "A gift by a taxpayer", insert "in the 1996-97 income year or an earlier income year".

22 At the end of subsection 78(6)

Add:

Note: Division 30 of the Income Tax Assessment Act 1997 deals with the deductibility of gifts made in the 1997-98 year of income or a later year of income.

23 Subsection 78(6A)

After "a testamentary gift made by a taxpayer", insert "in the 1996-97 income year or an earlier income year".

24 At the end of subsection 78(6A)

Add:

Note: Division 30 of the Income Tax Assessment Act 1997 deals with the deductibility of testamentary gifts made in the 1997-98 year of income or a later year of income.

25 Subsection 78(7)

After "A gift by a taxpayer", insert "in the 1996-97 income year or an earlier income year".

26 At the end of subsection 78(7)

Add:

Note: Division 30 of the Income Tax Assessment Act 1997 deals with the deductibility of gifts made in the 1997-98 year of income or a later year of income.

27 Subsection 78(8)

After "A gift by a taxpayer", insert "in the 1996-97 income year or an earlier income year".

28 At the end of subsection 78(8)

Add:

Note: Division 30 of the Income Tax Assessment Act 1997 deals with the deductibility of gifts made in the 1997-98 year of income or a later year of income.

29 Subsection 78(9)

After "A contribution by a taxpayer", insert "in the 1996-97 income year or an earlier income year".

30 At the end of subsection 78(9)

Add:

Note: Division 30 of the Income Tax Assessment Act 1997 deals with the deductibility of contributions made in the 1997-98 year of income or a later year of income.

31 Subsection 78(11)

After "An amount paid by a taxpayer", insert "in the 1996-97 income year or an earlier income year".

32 At the end of subsection 78(11)

Add:

Note: Section 25-50 of the Income Tax Assessment Act 1997 deals with the deductibility of amounts paid as pensions, gratuities or retiring allowances in the 1997-98 year of income or a later year of income.

33 Subsection 78A(2)

Omit "after 7 April 1978 to a fund, authority or institution is not an allowable deduction under section 78", substitute "to a fund, authority or institution is not an allowable deduction under Division 30 of the Income Tax Assessment Act 1997 ".

34 Paragraph 78A(2)(c)

Omit "section 78", substitute "Division 30 of the Income Tax Assessment Act 1997 ".

35 Subsection 78A(4)

Omit "section 78", substitute "Division 30 of the Income Tax Assessment Act 1997 ".

36 Subsection 78A(5)

Omit "subsection 78(6), (7) or (8)", substitute "section 30-15 of the Income Tax Assessment Act 1997 (because of item 4, 5 or 6 of the table in that section)".

37 Subsection 78A(5)

Omit "agreement entered into in association with the making or receipt of the gift is such, that the value of the gift may be reduced in accordance with subsection 78(15)", substitute "arrangement (within the meaning of that Act) entered into in association with the making or receipt of the gift is such, that the value of the gift may be reduced in accordance with section 30-220 of that Act".

38 Subsection 82KH(1) (paragraph (s) of the definition of relevant expenditure )

Omit "section 78", substitute "Division 30 (which is about gifts) of the Income Tax Assessment Act 1997 ".

39 Subsection 102AAH(5)

Omit "subsection 78(4) or (5)", substitute "an item in any of the tables in Subdivision 30-B of the Income Tax Assessment Act 1997 , or item 2 of the table in section 30-15 of that Act,".

40 Subsection 328(5)

Omit "subsection 78(4) or (5)", substitute "an item in any of the tables in Subdivision 30-B of the Income Tax Assessment Act 1997 , or item 2 of the table in section 30-15 of that Act,".

Part 4—Consequential amendments of other Acts

Customs Tariff Act 1995

41 Item 1B of Part I of Schedule 4

Omit "s.78(4) Items 12.1.2, 12.1.3, 12.1.4, or 12.1.5 of the Income Tax Assessment Act 1936 ", substitute "subsection 78(4) of the Income Tax Assessment Act 1936 (because of item 12.1.2, 12.1.3, 12.1.4 or 12.1.5 of table 12 in that subsection) or section 30-15 of the Income Tax Assessment Act 1997 (because of item 12.1.2, 12.1.3, 12.1.4 or 12.1.5 of the table in subsection 30-100(1) of that Act)".

Sales Tax (Exemptions and Classifications) Act 1992

42 Item 163A of Schedule 1

Omit "table 4 in subsection 78(4) of the Income Tax Assessment Act 1936 ", substitute "the table in subsection 30-45(2) of the Income Tax Assessment Act 1997 ".

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