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Are My Donations Tax Deductible?

Tax deductible donations – what are they and will my donations for bushfire relief qualify?

Australians are incredibly generous. This year alone we’ve already donated nearly $500 million dollars towards bushfire relief. But even in years without terrible tragedies, five out of six Aussies give to charitable organisations, with the average annual deductible donations being nearly $650 per person.

While most of us are donating because it makes us feel good to help, it also makes sense to keep track of what we give. Come tax time, tax deductible donations are a great way to keep more of your money in your pocket.

We’re often asked if a donation to a crowdfunding campaign, or to a child’s school will count as a deduction. And now, we’re being asked about bushfire donations. Unfortunately, not all donations are tax deductible.

Donations that are tax deductible

So, what is required to make a tax-deductible donation? There are five requirements.

1. It must be made to Deductible Gift Recipients.

For a donation to be tax deductible it must be made to an organisation that is accredited as a Deductible Gift Recipient or DGR. You can easily find out if the charity you’re donating to is a DGR by checking the Australian Charities and Not-for-profits Commission’s (ACNC) Charity Register.

Most of the big names will be DGRs. Places like the Australian Red Cross, The Salvation Army Australia and WIRES will most certainly have their status as a charity confirmed by the ACNC and all donations to them will be tax deductible.

However, where you might run into trouble are donations to smaller organisations – perhaps local companies that are organising fundraising that they’ll then move on to a larger entity. If the person that you give the money to is not a registered DGR, you won’t be able to claim it on your tax return, regardless of where the money finally ends up.

2. It must be $2 or more.

You can claim the amount of the donation but it must be at least $2. It can be made in the form of money or property as long as the value exceeds the base amount.

3. You cannot receive a material benefit in return.

Your donation must be truly a gift. In other words, you can’t receive or expect to receive any material benefit, advantage or item in return for your donation.

Let’s consider the typical car wash fundraiser. Imagine your son’s cricket team is having a car wash, with all the proceeds to go to bushfire relief. Even if the donations are made straight through to an accredited charity, the money you are giving is not tax deductible because in return you’ve received a great (or not so great) car clean. It’s still a great thing to do – but you can’t claim it on your tax return.

4.Your donation must comply with any applicable conditions.

For some DGRs, tax law adds extra conditions on the types of deductible gifts they can receive. An example of this is when you donate to the Australian Disaster Relief Fund. That donation must be made within two years of the disaster (or from the date the Treasury minister declares).

You can read more about conditions on certain charities on the ATO’s website. Or the DGR that you are donating to will be able to confirm what types of donations they are able to accept.

5.You must have a record.

For every donation you make, you must have a record. In most cases the DGR that you’ve donated to will issue you a receipt. But if they haven’t (and they don’t always) you can simply show your donation on your bank statement, or if you gave via your workplace, your payment summary, your income statement or with a written notification from your employer.

There is one exception to the records rule, and that is for bucket donations. Many of us have popped some change into the red Salvos bucket at an outdoor cinema event, or even in one of the seeing eye dog collection statutes in your local Woolworths. In those situations, you may deduct up to $10 total for contributions without a receipt or record of any kind.

What donations are not tax-deductible

Donations that don’t meet the above five requirements are not tax deductible, and it pays to be on your toes. It’s not always crystal clear when a donation will be permitted especially in terms of receiving a ‘benefit’.

For example, art union or raffle tickets are not tax deductible even though you may not win (and therefore, won’t receive a benefit). Likewise, donating to a Facebook fundraiser organised by your local butcher or directly to family or friends who have been affected by bushfires won’t be deductible.

Going forward

Clearly there are more reasons than just tax deductions to make donations. But if you’re making a large donation, or donating often, it pays to ensure you can use these on your income tax return. That means you’ll feel good both when you donate, and at tax time.

Have questions about your tax deductible donations? Wed love to help you with some personalised advice. Get in touch!

ATO’s Bushfire Relief and Tax Assistance

ATO bushfire relief will help over 3.5 million Australians. See what you’re eligible for.

The 2019/2020 bushfires have had a profound effect on Australians. As of 14 January 2020, 18.6 million hectares of land has burned, 30 people and 1 billion animals have been killed and 5,900 buildings have been lost. For those directly affected, it is a tragedy beyond comprehension. The last thing those families and businesses want to be doing is worrying about their tax requirements.

The Australian Taxation Office (ATO) understands this and is offering tax relief and assistance to over three and a half million bushfire victims. This relief ranges from deferments on filing requirements to bespoke solutions and in most cases will apply automatically to those individuals, businesses and self-managed superannuation funds (SMSFs) located within fire affected postcodes.

If you are located in one of the indicated postcodes, or even if you’re not, here are the ATO bushfire relief measures on offer.

Automatic Deferments

The ATO is extending an automatic deferment to bushfire victims for any lodgements or payments due. Due dates are now pushed back until at least 28 May 2020 to lodge and pay business activity statements and income tax returns. This applies whether you manage your taxes yourself or have an agent do it.

You don’t have to do anything to get this deferment. If you’re in one of the indicated postcodes, it’s been extended automatically.

Fast Tracking Refunds

The ATO is also fast tracking refunds to those entities and individuals in the identified postcodes. If you’ve already lodged your return, your fast-tracked refund will happen automatically.

If you haven’t lodged your return yet, it might be worth trying to do it as soon as you can. Even though you don’t have to file, due to the automatic extension, new refunds will be fast tracked as well. And additional cash flow could be very helpful in dealing with your bush fire recovery.

Remittance of Interest and Penalties

If you’ve accrued any interest or penalties during the bush fires, the ATO is [forgiving] those charges. Again, this will happen automatically if you are in an impacted postcode. You don’t need to apply for this, even if you are tax agent.

Reissuance of Tax Documents

For those that have lost homes or places of business, it is likely that you’ve lost your tax documents as well. The ATO will reissue any tax documents that they have on hand.

Tax Debt or Outstanding Obligations

The ATO is putting a halt on commencing new debt recovery actions until 28 May 2020 (at least) for those in affected areas. You can also request a payment arrangement for outstanding debts if you aren’t automatically granted one.

The ATO is taking this a step further, as well, and will consider releasing bushfire victims from income tax and fringe benefits tax debts if they are ‘experiencing serious hardship’.

Tailored Help

The government knows that many who have been affected by the bushfire disaster aren’t necessarily located in one of the identified postcodes. If this is you, don’t let that stop you from seeking help. Ring the ATO’s Emergency Support Infoline on 1800 806 218 and speak to an ATO agent about your specific needs.

The ATO recognises that everyone’s situation is different and knows that there could be situations that warrant additional support or extensions beyond what they have currently offered. For example, there are many businesses whose trade has been significantly impacted by the bushfires, even though they may not have been directly impacted otherwise.

So, even if you don’t fall into one of the above categories, give the ATO a call. They’re standing by to work with you on a case-by-case basis. They’ve made it clear that they will be ‘flexible, reasonable and pragmatic when considering each request on its merits’.

Takeaway

At the end of the day, no one wants to run afoul of their tax and reporting obligations. Now is the time to be focusing on family and community, and the ATO knows that. The tax relief options are designed to help you do just that.

If you’d like more information about ATO bushfire relief, reach out. Our specialists are here to help.