Ancillary Fund

From PhilanthropyWiki

Ancillary Fund Definition

An ancillary fund is a legal structure which can be used to establish a tax-deductible foundation. There are two types of ancillary fund: Private Ancillary Funds and Public Ancillary Funds.

All ancillary funds are established and maintained under a will or instrument of trust. The sole purpose of an ancillary fund must be to provide money, property or benefits to organisations which are endorsed as Item 1 DGRs (that is, funds, authorities or institutions gifts to which are deductible under item 1 of the table in section 30-15 of the Income Tax Assessment Act 1997.

Private Ancillary Funds (PAFs), formally known as Prescribed Private Funds, are vehicles for private philanthropy. A PAF must not fundraise.

Public Ancillary Funds are public funds, which means that the public must contribute to the fund and that the majority of trustees must be representative of the public. It is a common structure for community foundations in Australia and also for fundraising foundations, but can also be used to establish other types of foundation.

Please note: On November 19, 2010, Treasury released a Discussion Paper, 'Improving the Integrity of Public Ancillary Funds'. The Discussion Paper proposes the introduction of a new regulatory regime for Public Ancillary Funds, similar to that introduced for the PAFs in 2009. It is therefore possible that the regulations governing Public Ancillary Funds may change.

Philanthropy Australia has submitted a response to the Discussion paper (download here) and will keep Members and other interested parties up to date via the PhilanthropyOz Blog.

An ancillary fund must be exclusively for these purposes. It must not carry on any other activities. It is like a conduit or temporary repository for channelling gifts to other DGRs. An ancillary fund must not provide for, or establish, another ancillary fund or a PAF.

Helpful resources for understanding and governing ancillary funds include:

See Also:

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