Is the entity exempt from income tax under section 50-1 of the Income Tax Assessment Act 1997 (ITAA 1997) as a society, association or club established for the encouragement of a game or sport under table item 9.1(c) of section 50-45 of the ITAA 1997 (Games and Sports Exemption)?
Yes. The entity's ordinary and statutory income is exempt from income tax under section 50-1 of the ITAA 1997 as it is considered to be a society, association or club established for the encouragement of a game or sport under table item 9.1(c) of section 50-45 of the ITAA 1997, its activities are not carried on for the profit or gain of its individual members as outlined in its constitution, and it is not a charity. This ruling applies for the following periods : 1 July 20XX to 30 June 20XX The scheme commenced on: XX Month 20XX
Background The entity is a registered association that was established in 19XX. The entity operates from a specific location in Australia and pursues its objects from that location. The entity operates both sporting and non-sporting facilities. The entity is governed by its Constitution (governing document). The objects of the entity are set out in the Constitution and stated as encouraging and promoting sport. The entity's Constitution includes: • not-for-profit clauses, and • wind up, and dissolution of assets clauses prohibiting distribution to its members. The entity has both sporting members and social members. The entity runs sporting competitions and social sporting activities weekly. The entity uses its surplus funds generated from its ancillary non-sporting activities to maintain and improve the sporting facilities and the services it provides to its members and patrons. Surplus funds are also to be used to offset losses incurred from the sporting activities.
The entity has also provided various forms of documentation to support their application, including the entity's governing document, and a previous private ruling confirming exempt status for previous financial years. The entity is not carried on for the profit or gain of its individual members. The entity is not a charity registered with the Australian Charities and Not-for-profits Commission (ACNC).
Income Tax Assessment Act 1997 section 50-1 Income Tax Assessment Act 1997 section 50-45 Income Tax Assessment Act 1997 section 50-47 Income Tax Assessment Act 1997 section 50-70 Income Tax Assessment Act 1997 section 995-1 Australian Charities and Non-for-profits Commission Act 2012 section 25-5 Charities Act 2013 section 12