By Matthew Harding
Charity legislations and the Liberal kingdom considers questions in terms of nation motion and public discourse which are raised by means of the legislations of charity. educated by means of liberal philosophical commitments and of curiosity to either charity attorneys and political philosophers, it addresses issues and themes reminiscent of: the justifiability of the state's non-neutral advertising of charitable reasons; the function of altruism in charity legislations; charity legislation, the tax procedure and the calls for of distributive justice; the right kind remedy of non secular and political reasons in charity legislations; and the right reaction of the liberal country to discrimination within the pursuit of charitable reasons.
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Example text
Federal Commissioner of Taxation (1971) 125 CLR 659 (High Court of Australia); Incorporated Council of Law Reporting for England and Wales v. Attorney-General [1973] Ch 72 (Court of Appeal). See also Charities Act 2009 (Ireland) s 3(10)(a). 111 In contrast, in Federal Commissioner of Taxation v. 112 Cases like Sunny Brae and Word Investments show that the application of the ‘not for profit’ rule does not turn on whether an organisation makes a profit in the pursuit of its purposes; it turns on whether the making of that profit is the dominant purpose of the organisation.
4. 133 In all jurisdictions, such privileges are extended not only to those with charitable purposes but also to some who pursue non-charitable purposes that are ‘not for profit’ purposes; nonetheless, to the extent that direct tax privileges are extended to those with charitable purposes, they may be said to be part of charity law. Second, there are indirect privileges in the form of state support for those who make gifts to organisations with charitable purposes. 136 In Australia, the class of organisations that qualifies for these indirect tax privileges overlaps with, but is not the same as, the class of organisations with charitable purposes.
Mayor of Saltash (1882) 7 App Cas 633 (Lord Selborne LC, Earl Cairns, Lord Watson); Commissioners for Special Purposes of Income Tax v. Pemsel [1891] AC 531 (House of Lords); Robinson v. Stuart (1891) 12 LR (NSW) Eq 47 (Owen CJ in Eq); In re Tetley [1923] 1 Ch 258 (Russell J and Court of Appeal); In re Smith [1932] 1 Ch 153 36 charity law in overview A more promising distinction is between purposes that are both carried out by government and realise collective decisions made through the institutions of the political community on the one hand, and purposes that, whether or not they are carried out by government, realise decisions made in the exercise of individual autonomous choice on the other.