ABN and ACNC Registration Policy and Procedures for Parish Missions Title ABN and ACNC Registration Policy and Procedures for Parish Missions Creation Date Version Last Revised Reformatted 31 March 2014 Approved by Approval date
Table of Contents 1. Application...3 2. What is an Australian Business Number ( ABN )?...3 3. Who is entitled to an ABN?...3 4. How will an ABN help Parish Missions?...3 5. Entitlement of Parish Missions to hold an ABN...4 6. Additional ABN Registrations and/or DGR Endorsements...4 7. Uniting Church in Australia GST Religious Group...4 8. ABN and ACNC Registration Policy...5 9. ABN and ACNC Registration Process...6 10. ABN Queries...7 11. Annexures...7 Copyright 2014 Uniting Church Last updated: 31/03/2014 Page 2 of 7
1. Application The following policy and procedures applies to all Parish Missions within the bounds of the Synod of NSW and the ACT ( the Synod ). A separate policy applies to all Congregations, Presbyteries and Synod Boards within the Synod. 2. What is an Australian Business Number ( ABN )? An ABN is a unique eleven digit identifier for use in dealings with the Australian Taxation Office ( ATO ) and other government agencies, including the Australian Charities and Not for Profits Commission ( ACNC ). An ABN indicates the organisation is registered with the Australian Federal Government as operating an enterprise in Australia. It also enables organisations to be registered with the ATO for: goods and services tax (GST); Pay as You Go (PAYG) Withholding arrangements for employee wages; and fuel tax credits (if applicable). If an ABN is not quoted by an organisation on any invoice it supplies to a third party, it may result in amounts being withheld from payments to the organisation under the PAYG withholding tax rules. 3. Who is entitled to an ABN? Not everyone is entitled to an ABN. To be entitled to an ABN an organisation must be operating an enterprise. An entity for ABN purposes means an individual, a body corporate, a corporation sole, a body politic, a partnership, an unincorporated association or body of persons, a trust or a superannuation fund. For the purposes of determining if an enterprise exists, the ABN law states that when an activity or series of activities are undertaken by: a charitable institution or trustee of a charitable fund in Australia; or a deductible gift recipient in Australia; or a religious institution in Australia an enterprise is in existence, and these entities can apply for an ABN. 4. How will an ABN help Parish Missions? Parish Missions can use their ABN to: register for goods and services tax (GST) and claim GST credits; register for pay as you go (PAYG) withholding; apply to the ACNC for registration of the congregational arm of the Parish Mission as a basic religious charity ; apply to the ACNC for endorsement of relevant tax concessions or exemptions as may apply to the ACNC registered charity; interact with other government departments, agencies and authorities; interact with the ATO on other taxes, such as fringe benefits tax (FBT); and Copyright 2014 Uniting Church Last updated: 31/03/2014 Page 3 of 7
access membership and associated benefits of the Uniting Church in Australia GST Religious Group. 5. Entitlement of Parish Missions to hold an ABN The majority of Uniting Church organisations that fall within the bounds of the Synod are unincorporated associations that are not legal entities in their own right. The Constitution and Regulations of the Uniting Church in Australia deal with the establishment of Parish Missions and therefore also provide for their respective powers. Regulation 3 deals with Government and Administration and installs a Church Council with the responsibility to manage the affairs of a Parish Mission. Parish Missions, unlike Congregations, are responsible for approved ministries of such special character and extent that their outreach programs extend into the broader community and are of a benevolent nature. Regulation 3.7.4.7 specifically deals with the establishment of Institutions such as Parish Mission Outreach Programs. Institution means any body whether incorporated or unincorporated established by or on behalf of the Church or any of the uniting churches or in which the Church participates for a religious, educational, charitable, commercial or other purpose. All Institutions are required to hold a separate constitution governing their operation. This constitution must be approved by the Synod Constitutions Committee and endorsed by the Synod Standing Committee before any application for ABN and ACNC registration is applied for. Parish Missions therefore have the necessary legal substance to be able to apply for and hold two ABN registrations in the name of the: 1. Parish Mission Congregation with Charity tax concession status as a Charitable Institution and ACNC registration as a basic religious charity; and 2. Parish Mission Outreach Program with Charity tax concession status as a Public Benevolent Institution ( PBI ), endorsement as a Deductible Gift Recipient ( DGR ) and ACNC registration. The ABN held in the name of the Parish Mission Outreach Program will not meet ACNC criteria for a basic religious charity and will therefore be required to comply with the ACNC s financial reporting and governance regime. 6. Additional ABN Registrations and/or DGR Endorsement Where a Parish Mission believes they need to hold additional ABN registrations or seek DGR endorsement they should obtain immediate guidance from the Risk and Compliance Division of Uniting Resources. 7. Uniting Church in Australia GST Religious Group Religious charities endorsed by the ATO to access GST tax concessions and which belong to the same religious organisation are eligible to join a GST religious group provided they meet certain requirements. In accordance with the New Tax System (Goods and Services Tax) Act 1999 the Uniting Church in Australia has established a national GST Religious Group. The Uniting Church in Australia Assembly has been appointed as the head member of the Uniting Church in Australia GST Religious Group and is tasked with maintaining the membership and relevant correspondence with the ATO. To be eligible to join and remain a member of the GST Religious Group, Parish Missions must be GST registered, endorsed to receive GST concessions and maintain endorsement from the ATO as an income tax exempt charitable institution. Copyright 2014 Uniting Church Last updated: 31/03/2014 Page 4 of 7
Parish Missions can only be a member of one GST Religious Group (for example by being a member of the Uniting Church in Australia GST Religious Group, organisations are not entitled to join the Anglican Church (or any other religious denomination s) GST Religious Group). The benefit of being a member of the GST Religious Group is that there are NO GST consequences for any transaction between group members. This means that for any transaction between Parish Missions and presbyteries (for example) there is no need to have GST included in the transaction value. This also means there is no GST to claim on those expenses. This is a significant benefit to the Uniting Church in Australia. 8. ABN and ACNC Registration Policy Without exception, all applications from Uniting Church organisations for ABN and ACNC registration are to contain the following standard information and must be endorsed by the Risk and Compliance Division of Uniting Resources prior to any application being submitted to the ATO and/or ACNC as applicable. If you believe your circumstances require different information to be included, you will need to contact Uniting Resources and discuss these differences. 8.1 ENTITY NAME Your entity name must be prefixed with UCA -, for example: UCA Uniting Resources UCA Paddington Mission UCA Lifeline Northern Rivers UCA Pymble Ladies College 8.2 ENTITY TYPE Your entity type must be Other Unincorporated Entity. 8.3 GOODS AND SERVICES TAX (GST) To ensure that each Uniting Church organisation has the potential to receive the benefits arising from the GST Religious Group exemption they must be registered for GST regardless of the estimated or actual level of GST turnover. 8.4 TRADING NAMES If your organisation is trading under a name that is different to your entity name, all trading names must be included in the organisation s ACNC registration. 8.5 CHARITY TAX CONCESSION STATUS Parish Mission Congregation Your charity tax concession status must be endorsed as a Charitable Institution and have access to the following tax concessions, including the GST Religious Group exemption as an absolute minimum. GST Concession; and FBT rebate; and Income Tax Exemption status. In addition the Parish Mission Congregation must also be endorsed by the ACNC as a Basic Religious Charity. Copyright 2014 Uniting Church Last updated: 31/03/2014 Page 5 of 7
8.6 CHARITY TAX CONCESSION STATUS Parish Mission Outreach Program Your charity tax concession status must be endorsed as a PBI and have access to the following tax concessions: GST Concession; and FBT rebate; and Income Tax Exemption status. 8.7 DEDUCTIBLE GIFT RECIPIENT ( DGR ) STATUS Parish Mission Outreach Program only Providing the Parish Mission Outreach Program falls within a general DGR category as specified in the tax law and meets the other conditions relating to that category, it may elect to be endorsed as a DGR. 9. ABN and ACNC Registration Process Without exception, Uniting Church organisations seeking ABN and ACNC registration must follow the processes below: Step 1 2 3 4 Action Parish Mission Congregations Complete Annexure 3 titled ABN and ACNC Application Information Form for Congregations, Presbyteries and Synod Boards and Annexure 4 Application to join GST Religious Group. Parish Mission Outreach Programs Complete Annexure 6 titled ABN and ACNC Application Information Form for Public Benevolent Institutions and Annexure 4 Application to join GST Religious Group. These documents have been prepared by Uniting Resources as a common base from which applications are to be made. Submit completed forms with accompanying documentation to Uniting Resources for endorsement. Completed forms can be posted to: ABN Registration Endorsement Uniting Resources PO Box A2178 Sydney South NSW 1235 Uniting Resources will acknowledge receipt of applications within 7 working days and once applications are endorsed, Uniting Resources will facilitate lodgment of all applications to the ATO and ACNC. Any subsequent changes to ABN registration details are to be advised to Uniting Resources and endorsed by them, prior to the contact person for the organisation lodging changes with the ATO and/or ACNC. Copyright 2014 Uniting Church Last updated: 31/03/2014 Page 6 of 7
10. ABN Queries Queries relating to a new application for ABN and ACNC registration or a change in ABN and ACNC Registration status should be referred to: Risk and Compliance Division Uniting Resources ABN general queries should be referred to: Finance Division Uniting Resources 11. Annexures Annexure 1 Annexure 2 Annexure 3 Annexure 4 Annexure 5 Annexure 6 Is your organisation a Basic Religious Charity? ACNC obligations ACNC and ABN Application Information Form for Congregations, Presbyteries and Synod Boards Application to Join GST Religious Group Application to Join GST Religious Group Checklist ACNC and ABN Application Information Form for Public Benevolent Institutions Copyright 2014 Uniting Church Last updated: 31/03/2014 Page 7 of 7