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What does gift in-kind mean?
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A gift in-kind is a gift other than cash (ie property). Charities with Deductible Gift Receipt (DGR) status can issue tax receipts for the donation of products, such as medicine, water treatment systems, etc. |
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Is there a limit to my participation?
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No. Donors can purchase and donate as much as they wish. However, deductions may only be claimed up to the amount of tax paid or due in the given tax year. If you donate more than you can claim in the current tax year, you may elect to spread the deduction over a period of the next 5 years. The ATO Commissioner of Taxation, DWB, and Leaf recognise that only amounts needed to reduce your taxable income to nil for the current financial year will be accepted in that year. |
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What should I see on my donation receipts?
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In accordance with the law, Deductible Gift Recipient status charities are required to record a description of the property donated along with the date of donation and the name of the charity. This description must match the description of the goods in your purchase agreement and receipt from the vendor, which is used to help calculate your tax deduction. The receipt from the charity for your cash donation will reflect the amount money you donated. |
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Can I donate to a charity of my choice?
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Yes. Donors own their purchases outright (ie receive full title to the goods) with a duly executed purchase agreement and down payment and can do what they wish with it. Donors can donate to any charity with the appropriate mandate, the proper DGR status, and who can receive your donation as required. In order for DWB to maintain the integrity of the initiative, it will only work with charities that have appropriate mandates, proper receipting accountability, and the highest standards of operational efficiency. DWB also has a list of pre-registered charities ready to receive your donation. |
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How do I report my donations on my tax return?
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When doing your taxes, simply enter the aggregate value of all your qualifying donations in the “Deductions - Gifts or Donations” section of your Tax Return. Be sure to read the relevant section of the applicable tax information pack in order to determine whether you are required to submit any attachments or consult with your tax agent or accountant. Your accountant will know best how to maximise the effectiveness of your claim for a deduction by considering your spouse, business and/or whether you need to spread any amount over the next 5 years. |
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What types of medicine will I be purchasing to donate to charity through the program?
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Examples of World Health Organization (WHO) approved medicine available from vendors in the DWB program include: Ciprofloxacin (antibiotic), Fluconazole (antifungal) and Lamivudine, Zidovudine, and Nivirapine (anti-retroviral). These and other drugs through the program are used to prevent or cure many third-world diseases such as Malaria and HIV/AIDS. |
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How does Leaf make money?
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Leaf earns money to pay its Accredited Representatives and cover its marketing and promotional costs by charging the vendors a small fee. Neither Leaf nor DWB charges the charities anything for fundraising - ever. |
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Won’t I be incurring debt? Isn’t debt bad?
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If you can substitute near-zero interest debt for interest bearing debt AND prepay ALL the interest so that you remove any risk of interest rate changes then you have replaced bad debt with good debt. Because you are entitled by the AITAA 97 to receive a tax deduction for your donation, you can use the time value of money on a portion of this deduction to fully fund your debt to the vendor while leaving extra for you. Although you have a debt on paper, because this actually puts you ahead from a cash-flow perspective, the only logical question to ask is “How much can I donate?” |
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Is this considered a “financial product” by the ATO?
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No. In fact, this initiative is so simple and straightforward, that in correspondence to Donors Without Borders, the ATO deemed that: “...the arrangement is absent elements of schemes that qualify for a product ruling as set out in paragraphs 9 and 10 of the product rulings systems ruling; PR 2007/71...The product described is not an investment scheme or tax effective investment or a financial scheme with the usual and expected feature of a financial return to participants.” |
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Who do I call if I have any questions about the program?
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You should first contact the Accredited Representative who referred you to the DWB philanthropic initiative as they would best understand your personal questions and needs. You can also reach Leaf Capital Pty Ltd. directly by e-mailing us at: info@leafcapital.com.au or by calling us at: 1300 34 LEAF (5323) or (02) 9024 5394. |
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This sounds too good to be true. How can I be sure that it follows all the tax laws?
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While the idea of having an influx of saved taxes that outweighs your down payment on products purchased from vendors in the DWB community and donated to charity may sound like magic, it's really just simple economics and accrual-based tax law, which can be verified in Division 30 of the Australian Income Tax Assessment Act of 1997. Donors participating have a real debt, which must be paid in full to all vendors. They simply have an initial cash influx from their tax deduction, low (almost 0%) interest which is pre-paid to maturity, and the opportunity to use the time value of saved taxes to fund the repayment.
The DWB initiative and the tax laws surrounding the donation of goods purchased and donated immediately to charity are reflected by: ATO Reference #1011273674964, ATO Case #1011347203331, and ATO Public Ruling TR 2005/13.
IMPORTANT: Whilst the full text of the ATO’s pronouncement and rulings are available to all DWB members, it is ultimately only the law that can determine the
allowable amount of your donation deduction. We recommend that you consult your tax agent, accountant, or finance professional regarding the amount you can claim
as a tax deduction for your donation before participating in the DWB philanthropic initiative.
On 2nd Sept, 2010, the ATO released Non-Profit News Service No. 0296 - Donations of property and vendor finance regarding how to make long term, low/no interest vendor financed purchases for donation to charity. Please visit the Leaf web site home page to review this very important bulletin. |
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