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QB 22/02

Issued

14 Apr 2022

Donations - what is required to establish and maintain a “public fund” under s LD 3(2)(d) of the Income Tax Act 2007?

A person who donates money to a donee organisation can receive a donations tax credit or deduction. A donee organisation includes a “public fund” established and maintained exclusively for the purpose of providing money for one or more specified purposes within New Zealand. This question we've been asked considers what is required to establish and maintain a public fund under s LD 3(2)(d) of the Income Tax Act 2007.

Related items:

IS 18/05: Income tax – donee organisations – meaning of wholly or mainly applying funds to specified purposes within New Zealand

QB 19/10: Donations – what is required to establish and maintain a fund under s LD 3(2)(c) of the Income Tax Act 2007?

Tax Information Bulletin - May 2022

QB 22/02: Donations - what is required to establish and maintain a “public fund” under s LD 3(2)(d) of the Income Tax Act 2007?

pdf - 460.54 KB - 27 pages

Legislative References

Charities Act 2005
Income Tax Act 2007, ss CW 41, DB 41, DV 12, LD 1 to LD 3, schedule 32
Tax Administration Act 1994, ss 32E, 41A
Income Tax Assessment Act 1936, s 78 (Cth)

Case References

Allchin v Coulthard [1942] 2 All ER 39 (CA)
Bray v FC of T 78 ATC 4,179 (HCA)
Case X13 90 ATC 165 (AAT)
Income Tax Acts (No 1), Re (1930) VLR 211 (VSC)
Rapid Metal Developments (NZ) Ltd v Rusher (1987) 2 PRNZ 85 (HC)