Meaning of eligible non-profit organisation
5 Meaning of eligible non-profit organisation
A non-profit organisation is an eligible non-profit organisation if—
the organisation—
holds an Australian Business Number for the organisation; and
has continuously held the same Australian Business Number since 1 January 2023; and
the organisation is, and has been since 1 January 2023—
registered for GST; and
trading from premises in Queensland, primarily in a tourism industry; and
on 1 January 2023, the organisation—
had no employees; or
employed fewer than 20 full-time employees; or
if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and
neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or an externally administered entity.
However, a non-profit organisation is not an eligible non-profit organisation if—
the organisation is a government entity; or
the organisation’s only source of income is 1 or more of the following—
earnings from rental properties;
interest earned on investments;
dividends.
For subsection (1)(c)(iii), the number of equivalent full-time employees of an organisation is worked out using the formula—
where—
E means the number of equivalent full-time employees of the organisation.
F means the number of full-time employees of the organisation.
P means the total number of hours worked each week by employees who are not full-time employees.
In this section—
externally administered entity, in relation to an organisation, means the organisation is a Chapter 5 body corporate within the meaning of the Corporations Act, section 9.
government entity means—
a government entity within the meaning of the Public Sector Act 2022, section 276; or
a local government; or
a government owned corporation; or
an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth); or
an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).
insolvent under administration, in relation to an organisation, see the Corporations Act, section 9.
non-profit organisation means a charity or other not-for-profit entity that is incorporated under a law of the Commonwealth, this State or another State.
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