Updating the Private and Public Giving Fund Guidelines

Submission Date: 24 July 2026

This submission has been prepared by the Charity and Not-for-profit Law Committee of the Law Council of Australia’s Legal Practice Section.

The Law Council notes that the announcement made on 26 February 2026, that the government will be updating the Taxation Administration (Private Ancillary Fund) Guidelines 2019 and the Taxation Administration (Public Ancillary Fund) Guidelines 2022 (Public AF Guidelines—Guidelines is used where the comment applies to both). We understand that the Guidelines will be updated to incorporate the change to the name of ancillary funds to giving funds, the increase in the minimum annual distributions, and to introduce an ability to smooth distributions over three years.

The Committee requests that the Government takes this opportunity to make some other amendments to these Guidelines and to consider some suggested improvements.

The role and structure of giving funds should be reviewed in the light of the flexibility of the new deductible gift recipient category of Community Charities,¹ and the likelihood of many existing giving funds establishing Community Charities and transferring their operations to the Community Charity.

^{1 Section 30-110 Income Tax Assessment Act 1997.}

Last Updated on 05/08/2026

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