Corney & Lind Lawyers


Update






3 April 2012
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Charities - UBIT start date deferred

 

The Government has announced that the start date for the 2011-12 Budget measure to better target NFP tax concessions (which is really an Unrelated Business Income Tax / UBIT) has been deferred from 1 July 2011 to 1 July 2012.

 

However the intention is that it will still apply to new unrelated commercial activities that commenced after 7:30 pm (AEST) on 10 May 2011 (Budget Night 2011).

 

Charities still need to take extreme care about changes to existing unrelated commercial activities (as at Budget Night 2011) which may see a loss of transition time. We have written about this in our Legal Resource Centre.

Personal Property Securities Act (PPSA) - not all Company Charges have moved to the PPSR - you need to check if yours has migrated

 

It has recently been announced that not all charges registered with ASIC have been successfully migrated to the PPSR.

 

Read more in our Legal Resource Centre.

 PPSR searching tips & traps

 

Given that:

  • Grantor details are not recorded for security interests in serial numbered consumer property (required to be registered by serial number which is not all serial numbered property);
  • If grantor details are recorded, the PPSR is case sensitive;
  • Migration from other registers (e.g. ASIC) has not been without technical issues;
  • Until 29 January 2014 personal property may be subject to a transitional security interest (without registration on the PPSR),

a quick search of the PPSR may not be enough.

 

Read more in our Legal Resource Centre.

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