The ATO has released a Decision Impact Statement on the Full Federal Court decision in FCT v Hunger Project Australia[2014] FCAFC 69. The Full Federal Court decision dismissed the Commissioner’s appeal and held that Hunger Project Australia (HPA) is a public benevolent institution (PBI) for FBT purposes even though it was predominately engaged in fund raising. The Commissioner decided not to seek special leave to appeal to the High Court against the decision. The ATO said it will adopt the decision and reasoning of the Court. In addition, the ATO said it will consider necessary amendments to Taxation Ruling TR 2003/5.
[LTN 152, 8/8/14]