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Public Ancillary Funds (Public AFs) established on or before 31 December 2011 have been exempt from complying with some of the requirements of the Public Ancillary Fund Guidelines 2011 (Guidelines). However, this transition period expires on 1 July 2015.
It light of this, it is essential that all Public AFs review their governing documents, distributions and investments to ensure they are compliant with the Guidelines by 1 July 2015.
Public AFs could lose their Deductible Gift Recipient (DGR) status and expose themselves to monetary penalties if they are not compliant by 1 July 2015.
The Guidelines can also be enforced through the use of administrative penalties that allow the Commissioner to suspend or remove corporate trustees and charge financial penalties for failures to comply with the Guidelines.
You can find further information on the ATO’s penalty regime here.
Public AFs also have obligations under the Australian Charities and Not-for-Profit Commission Act 2012 (ACNC Act). These obligations include submitting Annual Information Statements to the ACNC. Public AFs should ensure they are complying with their obligations to the ACNC so as not to risk having their charitable status and tax exemptions revoked.
If you would like assistance with a review of your Public AF’s compliance with the Guidelines, or if you have any questions about compliance with the ACNC Act, please contact us.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.
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Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
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