SR 2006/300
Issued
2006

Charities Act Commencement Order 2006 (2006/300)

2006 amendments to tax legislation include a definition of 'Charities Commission' and allowance for provision of information held by IR to the Charities Commission.

The Charities Act Commencement Order 2006 brings into force the various provisions in the Charities Act 2005 that amend the Income Tax Act 2004, the Tax Administration Act 1994 and the Estate and Gift Duties Act 1968. The order was signed on 25 September 2006 and gazetted on 28 September 2006.

The amendments to the Tax Administration Act 1994 (sections 69 to 71 of the Charities Act):

  1. insert the definition of "Charities Commission" in section 3; and
  2. allow for the provision of information held by Inland Revenue to the Charities Commission.

They come into force on 1 November 2006

The amendments to the Income Tax Act 2004 (sections 64 to 68 of the Charities Act 2004) and Estate and Gift Duties Act 1968 (section 72 of the Charities Act):

  1. require a charitable entity to be registered with the Commissioner in order to be eligible for the income tax exemption under sections CW 34, CW 35 and CW 36 of the Income Tax Act 2004;
  2. require a charitable entity to be registered with the Commission in order to be eligible for the gift duty exemption under section 73 of the Estate and Gift Duties Act 1968; and
  3. insert the definition of "Charities Commission" in section OB 1 of the Income Tax Act 2004.

They come into force on 1 July 2008.