How to tell if your charity is a charity or an institution

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Charity institution is a group of people who operate as a legal entity to provide services to people in need.

This is the term given to charities that have a charitable purpose and the charitable purpose is to support their members.

Charity institution definition 1.

A charity is an organisation or body that has a charitable function.

It is an organised and managed body that is engaged in the delivery of social welfare services to a population and/or that administers a benefit that is generally available to the community.

2.

A charitable function is defined as the purpose for which an organisation is engaged.

Charity functions include the provision of charitable goods and services, the delivery and support of charitable services, and the provision and maintenance of facilities and equipment that benefit the community or a community group.

The term also includes a service or activity that is provided by an organisation that is not a charity.

Charity institutions do not have a statutory or regulatory status.

They are generally not recognised by the Charity Commission and can be treated as a non-profit organisation.

Charity Institutions are not recognised as charities.

They may be exempt from tax under the Taxation of Charities Act 2001.

They can also provide services for the purposes of charitable activity.

For more information, see the Charity Taxation Guide.

2A(1)A charity institution has a legal purpose for providing charitable services and the legal purpose is recognised by a statutory declaration in relation to that purpose, as a purpose for the provision or maintenance of charitable items and facilities, and is a function of the charitable institution.

2B(1)(a)A charitable institution is exempt from any tax under section 45 of the Income Tax Act 1918 if it is a registered charity that: is a charitable institution; or is a person that is a member of the general public in the State or Territory in which the institution is established; and, in relation the purpose, has made a declaration in respect of that purpose and of the amount of any donation that it receives from members of the public in that State or territory.

2C(1A)A registered charity must not be treated for the purpose of section 46 of the Tax Act as having made a registration declaration for a charitable organisation that has made an exemption under section 15(1B)(a)(i) of the Charity Act.

2D(1a)The declaration under paragraph (1)(b) must: (a) state that the purpose and amount of the donation or grant is exempt under section 30 of the Act; and (b) state the name and address of the registered charity and the name of the charity institution and the address of its headquarters, the place where it is registered and the office where it performs its functions; and a statement under subsection (2) must specify that: (c) the declaration does not apply to the purposes and amounts of the donations or grants made in the course of an activity conducted by the registered charitable institution or an organisation listed in the register of charitable organisations; and that the charity must notify the Commissioner in writing within 14 days after the commencement of the activity that it intends to make a declaration.

2E(1b)A declaration under subsection 2(1), (1A), (2), (3) or (4) must not state that: the purpose or amount of a donation or donation grant is exempted under section 25 or 26 of the Acts Interpretation Act 1901 or section 12 of the Children and Young People Act 1988; or that the registration of the registration is suspended for any reason; or the registered charities must not give a charitable declaration under section 26 of those Acts or section 18 of the Charities and Community Services Act 1999 to any person other than a registered charitable organisation; or (c)(i)(aa) the registered Charity Institutes or an authorised body is registered under section 10 of the Commonwealth Charities Legislation Act 2003, the Commonwealth Acts Interpretations Act 1901, the Children, Youth and Families Act 1997, the Youth Justice Act 1993, the Criminal Justice and Criminal Procedure (Scotland) Act 1990, the Crimes Legislation Amendment (Amendment) Act 1999, the Local Government Act 1984 or the Northern Territory Local Government Acts 1992 and 1994, the Charitable Acts Amendment Act 1996 or the Local Authorities Act 1989; or a declaration under that subsection is made by a registered Charity Institution; or in relation (i) the purpose is for the establishment of a charitable fund in a State or a Territory, or (ii) a purpose is in relation of an organisation to be registered under an Act that is inconsistent with a purpose specified in a declaration made under subsection 1(1); or (b)(i), (ii), (iii) or, in the case of an eligible entity, (iv) a declaration is made under this subsection in relation that entity and the entity is not, or has not, been a registered Charitable Institution; and in relation this subsection (i), the declaration must specify the name, address, and number of the entity,

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