30‑125 Entitlement to endorsement30‑125 Entitlement to endorsement

#### 30‑125 Entitlement to endorsement Endorsement of an entity that is a fund, authority or institution (1) An entity is entitled to be endorsed as a \*deductible gift recipient if: (a) the entity has an \*ABN; and (b) the entity is a fund, authority or institution that: (i) is described (but not by name) in item 1, 2 or 4 of the table in section 30‑15; and (ii) is not described by name in Subdivision 30‑B if it is described in item 1 of that table; and (iii) meets the relevant conditions (if any) identified in the column headed “Special conditions” of the item of that table in which it is described; and (c) the entity meets the requirements of subsection (6), unless: (i) the entity is established by an Act; and (ii) the Act (or another Act) does not provide for the winding up or termination of the entity; and (d) in the case of an \*ancillary or community charity trust fund—the fund and all of its trustees comply with the rules in the \*applicable trust fund guidelines; and (e) in the case of a \*community charity corporation—the corporation and all of its directors comply with the rules in the \*community charity corporation guidelines. Endorsement of an entity for operating a fund, authority etc. (2) An entity is entitled to be endorsed as a \*deductible gift recipient for the operation of a fund, authority or institution that is described (but not by name) in item 1, 2 or 4 of the table in section 30‑15 and is not described by name in Subdivision 30‑B if: (a) the entity has an \*ABN; and (b) the entity: (i) legally owns the fund; or (ii) includes the authority or institution; and (c) the fund, authority or institution meets the relevant conditions (if any) identified in the column headed “Special conditions” of that item; and (d) the entity meets the requirements of subsection (6), unless: (i) the entity is established by an Act; and (ii) the Act (or another Act) does not provide for the winding up or termination of the entity; and (e) the entity meets the requirements of section 30‑130, unless the entity is endorsed as a deductible gift recipient under paragraph 30‑120(a). Relevant special conditions in table in section 30‑15 (3) To avoid doubt: (a) a condition requiring the fund, authority or institution to meet the requirements of section 30‑17 is not a relevant condition for the purposes of subparagraph (1)(b)(iii) or paragraph (2)(c) of this section; and Note: Section 30‑17 requires the entity to be endorsed under this Subdivision as a deductible gift recipient. (b) in the case of a fund, authority or institution that is described in item 1 of the table in section 30‑15—a condition set out in the relevant table item in Subdivision 30‑B, including a condition identified in the column headed “Special conditions—fund, authority or institution” of that item (if any), is a relevant condition for the purposes of subparagraph (1)(b)(iii) or paragraph (2)(c) of this section. Note: Paragraph (c) of the column headed “Special conditions” of item 1 of the table in section 30‑15 requires any conditions set out in the relevant table item in Subdivision 30‑B to be satisfied. Transfer of assets from fund, authority or institution (6) A law (outside this Subdivision), a document constituting the entity or rules governing the entity’s activities must require the entity, at the first occurrence of an event described in subsection (7), to transfer to a fund, authority or institution gifts to which can be deducted under this Division: (a) any surplus assets of the gift fund (see section 30‑130); or (b) if the entity is not required by this section to meet the requirements of section 30‑130—any surplus: (i) gifts of money or property for the principal purpose of the fund, authority or institution; and (ii) contributions described in item 7 or 8 of the table in section 30‑15 in relation to a \*fund‑raising event held for that purpose; and (iii) money received by the entity because of such gifts or contributions. Events requiring transfer (7) The events are: (a) the winding up of the fund, authority or institution; and (b) if the entity is endorsed because of a fund, authority or institution—the revocation of the entity’s endorsement under this Subdivision relating to the fund, authority or institution. > Note 1: There are 2 ways an entity can be endorsed because of a fund, authority or institution. An entity can be endorsed either because it is a fund, authority or institution or because it operates a fund, authority or institution. > Note 2: Section 426‑55 in Schedule 1 to the Taxation Administration Act 1953 deals with revocation of endorsement. > Note 3: The entity is also required to keep appropriate records: see section 382‑15 of the Taxation Administration Act 1953.