Book Chapter

The Boundaries of Charity and Tax

Miranda Stewart

Not-for-Profit Law: Theoretical and Comparative Perspectives | Cambridge University Press | Published : 2014

Abstract

Introduction Any analysis of charity law involves an examination of boundaries. In particular, an analysis of the tax law of charity brings the boundaries of the state, the market and charity into sharp relief. In a market economy, individuals are in theory voluntary agents who may generate a return for their private benefit. However, a proportion of that market return – and especially of the profit from commerce – accrues to the public benefit because of tax law enacted in our liberal democratic ‘fiscal state’. Like market activities, charitable activities and donations are voluntary, but they are distinguished from market activities because they are for public benefit as determined by law,..

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