Permitted credits to federal account for significant third party, associated entity or third party: capped amounts of subscriptions etc
292FAE Permitted credits to federal account for significant third party, associated entity or third party: capped amounts of subscriptions etc
For the purposes of subparagraph 292FA(4)(b)(ii), the following amounts paid by a person or entity (the payer) may be credited in a calendar year to a federal account kept for the purposes of this Part in relation to a person or entity (the account beneficiary) covered by column 2 of item 5, 6 or 8 of the table in subsection 292FA(1):
a subscription paid in respect of the payer’s membership of the account beneficiary;
an amount paid in respect of the payer’s affiliation with the account beneficiary;
if the payer is an elected official or employee of the account beneficiary—an annual levy paid by the payer to the account beneficiary.
Amounts covered by paragraphs (a) to (c) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.
However, the sum of amounts paid by the payer that are covered by subsection (1) and credited in a calendar year to federal accounts kept for the purposes of this Part in relation to the account beneficiary must not exceed:
if the significant third party, associated entity or third party is a peak representative body—4 times the annual gift cap (within the meaning of Division 3A) for the calendar year; or
otherwise—the annual gift cap (within the meaning of Division 3A) for the calendar year.
Amounts covered by subsection (1) that are credited to a federal account are gifts: see subsection 287AAB(4). Subdivision E of Division 4 imposes disclosure obligations in relation to gifts.
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