The Government has announced a reform of the Deductible Gift Recipient (DGR) status to strengthen governance arrangements, reduce administrative complexity and ensure trust and confidence in the sector.
The reforms are as follows:
From 1 July 2019, non-government DGR’s must be registered as a charity with the Australian Charities and Non-for-profits Commission. Non-government DGR’s that are not already registered will automatically be registered as of 1 July 2019 and will have a 12 month transitional period to assist with compliance.
The four DGR registers currently administered by other government departments will be integrated into the ACNC’s charity register, and duplicative reporting requirements will be abolished. DGR endorsement assessments for the registers will be undertaken by the ATO. Eligibility for the register of cultural organisations will be extended to include organisations that promote Indigenous languages.
External Conduct Standards will be enforced by ACNC to strengthen the oversight of overseas activities.
There will be additional funding to support additional reviews of charity and DGR eligibility based on risk.
The Superannuation (Unclaimed Money and Lost Members) Act 1999 (SUMLMA), more commonly known as the unclaimed superannuation money protocol, has been updated recently to provide a clearer structure going forward.
SUMLMA provides guidance on in relation to unclaimed money, lost member accounts, superannuation accounts of former temporary residents and their associated reporting and payment obligations. The update has now added content on inactive low balance accounts.
The act now clearly defines what is an inactive low-balance account, how statements and payments work, the registering of lost members and various rules for special cases.
It is important to note that the information in the protocol does not apply to super providers that are trustees of a state or territory public sector super scheme, in which:
The state or territory has laws requiring the reporting and payment of unclaimed super money to the state or territory government. Or;
The state or territory public sector super scheme complies with relevant state or territory laws.
The protocol provides administrative guidance only and should not be taken as a replacement for the law or technical reporting specifications.
