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Guest RedLineGTR
well my understanding of a non profit organisation was that we don't have to submit a tax return as long as our earnings were less than $6000. Which it shouldn't be anyways. We do have to maintain reciepts etc for our own purposes. None of the money earnt can go to the actual committee and100% of it must be invested back into the members. As long as we do this there should be no requirement to be involved with the ATO, and no need for an accountant. But its always a good idea to get confirmation from him for now until its all sorted out.

Sounds sweet, good we got that cleared up :rofl:

I can 3rd that motion if you like :O

and take page ownage while Im here :cheers:

You're a post whore thru n thru

OK guys here's the final committee: *drumroll*

Pres: Jameszilla

Vice Pres: Al

Treasurer: NismoR34

Events Coordinator: R31Nismoid

Assistant Events Coordinator: Snowman

Membership Officer: Inark

Assistant Membership Officer: RedLineGTR

Sponsorship/Promotions: FunkyMonkey

Subs: R31SkylineChick, doxximus and skylineakt

All knowing Yoda: meggala

Village idiots: DJ_L3ThAL, WazR32GTSt, pushead and Adzmax

Dudes, there are so many questions that have to be answered and im not satisfied that too many people on here know the answers. Its all well and fine to nominate positions and titles, but do you guys actually know what constitutes an official club? Not to mention being affiliated with CAMS or ANDRA like professional bodies, but to have public liability insurance (I believe offered by cams) etc. etc.

We are luckly enough to be categorised as a sport so i guess thats ok under the heading: using equipment to achieve mobility: This includes activities such as

canoeing; cycling; dragon boat racing; drag racing; go-kart racing; hang-gliding; kayaking; motor-car racing (circuit, rally); motor cross; motorcycle racing; mountain bicycle riding; rowing; yachting.

Then there are the tax side of things:

It will have to be classified as an unincorporated entity, will need to be audited by a PROPER auditor, have a proper constitution, have an annual AGM, and not to mention all board members have to voted in by Paid up members not just nominated over the intranet.

Do we have to lodge a Tax Return? YES we do, so Who and at what cost?

Who is going to apply for an ABN or TFN?

Then there are the other side of tax

Is SAU (Vic) exempt from Income Tax?

Does it have its own Constitution?

Does it satisfy TR 97/22?

TR 97/22: You will be exempt from income tax if:

you are a non-profit society, association or club

you are established for the encouragement of:

a game or sport, or

animal racing

you are not a charity, and

you meet at least one of three additional tests:

1.physical presence in Australia test

2.deductible gift recipient test, or

3.prescribed by law test.

The only test I see us passing is #1: Do you have a physical presence in Australia?

To the extent you have a physical presence in Australia, do you pursue your objectives and incur your expenditure principally in Australia?

1.It cannot be carried on for the purposes of profit or gain to its individual members.

2.It must be for the encouragement of a game or sport.

3.That encouragement must be the club's main purpose

I think some people need to do a bit more research (or it may have already been done i hope) and get yourselves a dodgy accountant who will be treasurer, not just some guy that does his own returns (no offence intended).

In my opinion Some people are not taking this seriously, whan it could not be more important for our future.

98% of things u have stated have been covered during meeting etc..by far not everything has been stated on the forum.

Ok. if that is the case, why do we already have a full and complete board? I was not aware that SAU is already an unincorporated association, the AGM must have taken place already, and we must have elected them.

My bad sorry.

eh? did you just copy n paste the entire ATO website?

Q. Do you guys actually know what constitutes an official club?

A. Depends, what type of club do you want us to create

Q. Not to mention being affiliated with CAMS or ANDRA like professional bodies, but to have public liability insurance (I believe offered by cams) etc.

A. We don't have public liability, and when you become a member you sign an agreement (constituion etc) saying that you take full responsibility for your actions and clear us of any responsibilities of your actions at a club organised event.

Q. It will have to be classified as an unincorporated entity, will need to be audited by a PROPER auditor, have a proper constitution, have an annual AGM, and not to mention all board members have to voted in by Paid up members not just nominated over the intranet.

A. We are a ATO recognise unincorporated entity. We have founders at the moment. This is completely legal and within our requirements. As per the constitution (which we already have had for the last year since we started planning) from then on in we will have annual AGMs where a new committee will be voted in.

Q. Do we have to lodge a Tax Return?

A. No, we are registered as an unincorporatted non profit organisation. We are exempt from tax return lodgments.

Q. Who is going to apply for an ABN or TFN?

A. We have an ABN it is: 31 941 681 675 I provided the TFN of myself and 2 other founding members to gain this from the ATO. As for the club itself, it is not required that we have a TFN as we are an unincorporated entity, and a TFN in our case is purely voluntary, we will aquire it if need be further down the track.

Q. Is SAU (Vic) exempt from Income Tax?

A. No, as a unincorporated entity, we are treated the same as an individual.

Q. Does it have its own Constitution?

A. Yes it does

Q. Does it satisfy TR 97/22?

TR 97/22: You will be exempt from income tax if:

you are a non-profit society, association or club

A. Yes we are

you are established for the encouragement of: a game or sport, or animal racing

A. Yes we are for the encoragement of sport.

you are not a charity, and

A. We are not a charity, we are a non profit organisation.

you meet at least one of three additional tests:

1.physical presence in Australia test

A. Yes we do

2.deductible gift recipient test, or

A. We do not have this as we do not satify the criteria for gift recipient status.

3.prescribed by law test.

A. we got it on the first option, this was an un-necessary exercise

Q. The only test I see us passing is #1: Do you have a physical presence in Australia?

A. "at least one of three additional tests"?

Q. To the extent you have a physical presence in Australia, do you pursue your objectives and incur your expenditure principally in Australia?

A. Yes our oprations are completely within australian boundaries.

1.It cannot be carried on for the purposes of profit or gain to its individual members.

A. Anything contray is against our constitution.

2.It must be for the encouragement of a game or sport.

A. Duh

3.That encouragement must be the club's main purpose

A. We don't have any alterior motives for the club.

Q. I think some people need to do a bit more research (or it may have already been done i hope) and get yourselves a dodgy accountant who will be treasurer, not just some guy that does his own returns (no offence intended).

A. We do have a professional accountant who we will be using on a per need basis. However the role of tereasurer in a non profit organisation that is exempt from lodging tax returns is to imply reconcile accounts, manage cashflow and maintain recipts recieved and issued. Someone who lodges his own tax returns would be more than adept at this. The key is to have sum1 trustworthy. If he runs into trouble the professional accountant is always at hand to advice him.

Q. In my opinion Some people are not taking this seriously, whan it could not be more important for our future.

A. Put your hand up to do something to move this along.

Thankyou. Im glad there are people that know what they are talking about. I will gladly pay the membership fee and become a member. As for putting my hand up, its clear all positions have been filled.

cut and pasting is better than typing.

An unincorporated entity does not need a TFN nor does it need to lodge Tax return, however the financial statements do have to be prepared by and accountant or audited at the end of each financial year.

I am offering my services to prepare any financial information required at end of financial years free of charge. This should satisfy any ATO or Legal requirements for preparation of financial statements.

There is a big difference between lodging your own tax returns and having the appropriate skill, experience and training at reconciling accounts, managing cashflow and maintain recipts recieved and issued. Please prove me wrong.

But this shows that more information has to be forthcoming.

you're right but there dosen't seem to be any accountants who were willing to answer the call. NismoR34 was one of the few guys who showed any interest at all in the position.

The positions aren't all filled up, let us know what you want to do and it will be taken into consideration. As I said in the first post, if it does come down to 2 ppl wanting the same position a vote will be had.

Ash and I will be in touch with the accountant (he's a tax specialist) extensively before we roll this out and make sure all bugs are taken care of. Whoever is treasurer will also be briefed and trained on what to do.

The more questions asked the better i reckon, so keep em coming.

RedR32 - Essentially the club formation was to facilitate a more formal organisation of events for 'social' members. The financial side of things was to stop singular members being left out-of-pocket for promotional items or events. The membership fee essentially pays for a shirt, lanyard and sticker - leaving a bit in the kitty to support these forums, and assist with events like AutoSalon.

Ash and Shan have put in a lot of effort researching the Taxation and NPO side of things - and as stated will confirm all the requirements with an accountant. We also investigated the requirements for CAMS affiliation, and decided that, at this stage, it was unnessecary. NDSOC kindly offered to notify us of their events - and anyone keen to participate can do so under their rules.

The club committe was formed (originally) with the forum moderators and now includes other proactive members who have been involved with cruises and other events over the past 12 months. There will be an AGM sometime in the new year - but, in the interests of getting the ball rolling, the positions were nominated and have mostly been filled - for now.

We prepared an FAQ back in October - which was available for viewing and for comments to be made. It might have been lost during the server crash - so I have attached it to this post.

Again - thanks for your comments, it's good to get some feedback and queries from people. Rest assured - everyone wants to make sure this all gets done correctly :D

I think some people need to do a bit more research (or it may have already been done i hope) and get yourselves a dodgy accountant who will be treasurer, not just some guy that does his own returns (no offence intended).

Mate, you know nothing about me so watch yourself, a statement made adhoc like that is offensive. You are 24 [if you havent lied], you think you know things? Do me a favour.

There is a big difference between lodging your own tax returns and having the appropriate skill, experience and training at reconciling accounts, managing cashflow and maintain recipts recieved and issued. Please prove me wrong.

It really sounds like your advertising yourself for the job - what are you? A struggling trainee accountant? Or did you fail your degree?

[Treasurer] Its the only position you are commenting on, if you want it that much you can have it. I have plenty of other things to do with my time.

Its unfortunate that nobody else can see through you - like I can.

Mods, I apologise now, but I am not going to let this monkey fly off the handle.

But its always a good idea to get confirmation from him for now until its all sorted out.

The Info/meeting is up for those who know where to find it.

Great news - and it will be proving that the r34 is inferior to the mighty r31! Right master!?

WOOHOO!!!

I'm the master.

And yep... My R31 has a few sweet moves ;)

Sounds good, next year will be full of events.

ok u dun have to call him master... that was a joke... no seriousy, don't call him master... he's ego's at busting point as it is :D

Can there be one thread where we leave my Ego out of it? :)

And RedR32... all of this has been sorted out in a private section so it may seem that nothing has happened, but in actual fact there is a LOT of work behind the scenes that has brought us to where we are.

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