Remit 1: Applying for an Income Tax exemption for NZGCA as an Amateur Sports Promotor under Section CW46 of the Income Tax Act 2007
Based on the NZGCA’s purpose, the organisation is eligible for a full income tax exemption as an amateur sports promotor under Section CW46 of the Income Tax Act 2007. However, in order for the NZGCA to meet the amateur sports promotor exemption criteria, the current constitution needs to be amended with the following.
The amendments required are:
Purposes, Section 1.4.f, remove the following bullet points as they contradict the amateur sports promotor income tax exemption criteria:
· provides benefits to Members or their families to alleviate hardship
AND
· on removal of the Society from the Register of Incorporated Societies having its surplus assets distributed under subpart 5 of Part 5 of the Act to a Member that is a not-for-profit entity
Additionally, the Surplus Assets clause 20.3 requires strengthening, with the third bullet point being changed from:
· However, in any resolution under this rule, the Society may approve a different distribution to a different not-for-profit entity from that specified above, so long as the Society complies with this Constitution and the Act in all other respects.
To:
· However, in any resolution under this rule, the Society may approve a different distribution to a different not-for-profit sporting entity or registered charity from that specified above, so long as the Society complies with this Constitution and the Act in all other respects.