Part 2-15—Exempt income

Division 50—Exempt entities

Table of Subdivisions

50-A Various exempt entities

Subdivision 50-A—Various exempt entities

Table of sections

50-1 Entities whose ordinary income and statutory income is exempt

50-5 Charity, education, science and religion

50-10Community service

50-15Employees and employers

50-20Finance

50-25Government

50-30Health

50-35Mining

50-40 Primary and secondary resources, and tourism

50-45 Sports, culture, film and recreation

50-1 Entities whose ordinary income and statutory income is exempt

The total *ordinary income and *statutory income of the entities covered by the following tables is exempt from income tax. In some cases, the exemption is subject to special conditions.

Note 1: Ordinary and statutory income that is exempt from income tax is called exempt income: see section 6-20. The note to subsection 6-15(2) describes some of the other consequences of it being exempt income.

Note 2: Even if you are an exempt entity, the Commissioner can still require you to lodge an income tax return or information under section 161 of the Income Tax Assessment Act 1936.

50-5 Charity, education, science and religion

 

Charity, education, science and religion

Item

Exempt entity

Special conditions

1.1

charitable institution

none

1.2

religious institution

none

1.3

scientific institution

none

1.4

public educational institution

none

1.5

fund established for public charitable purposes by will or instrument of trust

fund applied for the purpose for which it was established

1.6

fund established to enable scientific research to be conducted by or in conjunction with a public university or public hospital

fund applied for the purpose for which it was established

1.7

society, association or club established for the encouragement of science

not carried on for the profit or gain of its individual members

 

 

50-10 Community service

 

Community service

Item

Exempt entity

Special conditions

2.1

society, association or club established for community service purposes (except political or lobbying purposes)

not carried on for the profit or gain of its individual members

50-15 Employees and employers

 

Employees and employers

Item

Exempt entity

Special conditions

3.1

(a) employee association; or

(b) employer association

registered under an *Australian law relating to the settlement of industrial disputes

3.2

trade union

none

Note: Despite items 3.1 and 3.2, certain ordinary and statutory income of some associations of employees and some registered trade unions may be subject to income tax under Division 8A of Part III of the Income Tax Assessment Act 1936.

50-20 Finance

 

Finance

Item

Exempt entity

Special conditions

4.1

a *friendly society (except a *friendly society dispensary)

not carried on for the profit or gain of its individual members

50-25 Government

 

Government

Item

Exempt entity

Special conditions

5.1

(a) a municipal corporation; or

(b) a local governing body

none

5.2

a public authority constituted under a *Commonwealth law

none

Note: The ordinary and statutory income of a State or Territory body is exempt: see Division 1AB of Part III of the Income Tax Assessment Act 1936.

50-30 Health

 

Health

Item

Exempt entity

Special conditions

6.1

public hospital

none

6.2

hospital carried on by a society or association

not carried on for the profit or gain of its individual members

6.3

the following organisations registered for the purposes of the National Health Act 1953:

(a) a medical benefits organisation;

(b) a health benefits organisation;

(c) a hospital benefits organisation

not carried on for the profit or gain of its individual members

50-35 Mining

 

Mining

Item

Exempt entity

Special conditions

7.1

the Phosphate Mining Company of Christmas Island Limited (incorporated in the Australian Capital Territory)

none

7.2

the British Phosphate Commissioners Banaba Contingency Fund (established on 1 June 1981)

none

50-40 Primary and secondary resources, and tourism

 

Primary and secondary resources, and tourism

Item

Exempt entity

Special conditions

8.1

a society or association established for the purpose of promoting the development of:

(a) aviation; or

(b) tourism

not carried on for the profit or gain of its individual members

8.2

a society or association established for the purpose of promoting the development of any of the following Australian resources:

(a) agricultural resources;

(b) horticultural resources;

(c) industrial resources;

(d) manufacturing resources;

(e) pastoral resources;

(f) viticultural resources

not carried on for the profit or gain of its individual members

50-45 Sports, culture, film and recreation

 

Sports, culture, film and recreation

Item

Exempt entity

Special conditions

9.1

a society, association or club established for the encouragement of:

(a) animal racing; or

(b) art; or

(c) a game or sport; or

(d) literature; or

(e) music

not carried on for the profit or gain of its individual members

9.2

a society, association or club established for musical purposes

not carried on for the profit or gain of its individual members

9.3

the Australian Film Finance Corporation Pty Limited (incorporated under the Companies Act 1981 on 12 July 1988)

none

 

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