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Understandability and Transparency of the Financial Statements of ...

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With regards to justifying taxation forgone <strong>the</strong>re currently is a regulatory gap between<br />

registered charities that are exception monitored, to ensure compliance with <strong>the</strong>ir<br />

charitable purpose, <strong>and</strong> o<strong>the</strong>r charitable organisations, where no monitoring exists apart<br />

from those detailed in Chapter Two (Section 2.6.2 Taxation Agencies), which are<br />

currently not being utilised. For example, only approximately 10,000 charitable trusts<br />

registered out <strong>of</strong> a total 15,000 charitable trusts on <strong>the</strong> register meaning that 5,000<br />

charitable trusts currently do not have to justify <strong>the</strong> activities <strong>of</strong> <strong>the</strong>ir charitable<br />

organisation or even justify <strong>the</strong>ir financial spending. A media report fifteen years ago<br />

highlighted <strong>the</strong> problem <strong>of</strong> lack <strong>of</strong> monitoring <strong>and</strong> this is still a potential problem:<br />

A 42% leap in charitable trusts in five years, <strong>and</strong> <strong>the</strong> lack <strong>of</strong> <strong>of</strong>ficial vetting <strong>of</strong><br />

<strong>the</strong>ir accounts, has charities worried that trusts are being used as vehicles for<br />

tax dodges.<br />

There is no hard evidence that this is <strong>the</strong> case. But nei<strong>the</strong>r <strong>the</strong> Inl<strong>and</strong> Revenue<br />

Department, nor <strong>the</strong> Justice Department administering <strong>the</strong>se Charitable Trusts<br />

Act, can be sure <strong>the</strong>re is no widespread abuse <strong>of</strong> <strong>the</strong> tax-free status that comes<br />

with registration as a charitable trust.<br />

Charitable trusts appear to have escaped <strong>the</strong> close scrutiny that accompanies<br />

company accounts because government <strong>of</strong>ficials have faith in <strong>the</strong>ir charitable<br />

purpose. (Booker, 1995, p. 3)<br />

To take <strong>the</strong> lack <strong>of</strong> active monitoring wider, whilst <strong>the</strong> Charities Register contains<br />

24,319 charities (Charities Commission, 2009d) Statistics New Zeal<strong>and</strong> estimates that<br />

<strong>the</strong>re are approximately 97,000 NFPs (Statistics New Zeal<strong>and</strong>, 2007) most <strong>of</strong> whom<br />

would have ei<strong>the</strong>r been granted donee status or given income taxation exemption.<br />

So why is it important for <strong>the</strong>re to be a culture in New Zeal<strong>and</strong> <strong>of</strong> justifying taxation<br />

forgone? Statistics New Zeal<strong>and</strong> considers that NFPs contribute 4.9% <strong>of</strong> New<br />

Zeal<strong>and</strong>‟s gross domestic product (GDP) <strong>and</strong> that NZD1.9 billion <strong>of</strong> NFP‟s income<br />

relates to donations which constitutes a potential taxation liability <strong>of</strong> 33% <strong>of</strong> <strong>the</strong> total<br />

(Statistics New Zeal<strong>and</strong>, 2007). Currently, <strong>the</strong>re is limited accountability on whe<strong>the</strong>r<br />

<strong>the</strong>se organisations are utilising funds to <strong>the</strong>ir NFP or charitable purposes <strong>and</strong><br />

consequently are deserving <strong>of</strong> <strong>the</strong> taxation benefits. There is a need for <strong>the</strong> public to feel<br />

confident that money that could o<strong>the</strong>rwise be spent on <strong>the</strong> „public purse‟, for example<br />

health <strong>and</strong> education, is being utilised for charitable purposes.<br />

This chapter has highlighted <strong>the</strong> need for legislation to be backed up by appropriate<br />

monitoring <strong>of</strong> charitable organisations, which will be discussed next.<br />

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