March 04, 2010
The Canadian federal government announced disbursement quota reform. For many charities this will have no real impact - they were handily satisfying their disbursement quota requirements and for those that were not (except in extreme cases) CRA was not doing anything with the DQ. As one obsever noted “No more 80/20 ordinary gift. No more enduring property, including 10 year gifts. No more specified gifts. No more intercharity transfer rules based on original DQ designation. Just a simple obligation to use the equivalent of 3.5% based on previous 24 month market average for charitable purposes. ... The 3.5% obligation doesn’t kick in for charitable organizations until there is $100k in assets, while for foundations it stays at $25k.” I guess no more need for 10 year gifts or 5 year gifts. We will probably have a revised T3010 at some point to reflect these changes and one can expect with the simpler formula that in the future CRA will more vigourously enforce the DQ provisions as this will be easier to understand. There is no cost associated with this change and a number of other proposals to increase tax incentives from some organizations were not included in the budget, which makes sense in light of the difficult fiscal situation in addition to other reasons.
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The CRA has just announced that “The Charities Directorate is now displaying T3010 returns for revoked charities, and detail pages for annulled charities in the Charities Listings.”
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March 02, 2010
This letter from CRA is a reminder that when leaving funds to a registered charity under a will the drafting is important.
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February 24, 2010
In International Pentecostal Ministry Fellowship of Toronto v. The Queen (FCA) located at http://decisions.fca-caf.gc.ca/en/2010/2010fca51/2010fca51.html the Federal Court of Appeal confirmed CRA’s jurisdiction over Canadian charities registered under the Income Tax Act (Canada). In quite a strongly worded statement the decision states “We have not been persuaded that there is any merit to the Appellant’s argument that the provisions of the ITA dealing with the registration and deregistration of charities are an unconstitutional infringement on provincial legislative authority. In our view, these provisions relate, in their pith and substance, to federal taxation, and accordingly they are intra vires the Parliament of Canada under subsection 91 (3) of the Constitution Act, 1867. Both the advantages of registration and the drawbacks of revocation relate solely to the tax treatment of charities and their donors. They do not impermissibly affect the affairs of charities in any other way, nor do they impede provinces from otherwise regulating charities.” The court also rejected the charity’s argument that CRA by going to revocation did not follow its own guidance. The court noted that CRA’s “decision falls squarely within the range of acceptable outcomes.” and that “it was reasonably open to the Minister to find the breaches sufficiently serious as to warrant revocation.” This is important victory for charities and CRA in that it makes it clear that CRA can remove the charitable status of a sufficiently non-compliant charity. The public in Canada expects CRA as a regulator to regulate and sometimes that means removing the registered charitable status of groups that do not comply with the basic requirements of being a charity. I would also commend the Federal Court of Appeal for the length of decision. When a charity is making an argument that lacks “any merit” you don’t need a 20 page decision and a couple pages will do.
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February 23, 2010
Posted by Mark Blumberg on 02/23 |
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Canadian Charity Law
Just finished help organize the Being Good at Doing Good Conference organized by the Charity Law Information Program (CLIP) and supported by the Charities Directorate of the Canada Revenue Agency through its Charities Partnership and Outreach Program. Thank you to CRA and Mackenzie Financial for sponsoring. Thank you to all the CLIP and Capacity Builders staff who worked so hard on this project. Also thanks go to all the speakers, especially those that came from afar,
February 21, 2010
Here are some archived webinars that the Charity Law Information Program (CLIP) and Blumbergs are beta testing. Try them out and let us know if there are problems. Please e-mail .(JavaScript must be enabled to view this email address) with any comments. CLIP is supported by a contribution from the Charities Directorate of the Canada Revenue Agency.
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February 17, 2010
CRA provides their answer in this piece from the APFF 2009 Conference.
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February 12, 2010
Posted by Mark Blumberg on 02/12 |
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Here is a free archived webinar entitled “Top Ethical Issues for Canadian Charities”. https://ocsa.webex.com/ocsa/lsr.php?AT=pb&SP=TC&rID=505027&rKey=4ccd7037d565a5d1&act=pb
Posted by Mark Blumberg on 02/12 |
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Here is a free archived webinar entitled “Cooperation and Mergers in the Canadian Charitable Sector”. https://ocsa.webex.com/ocsa/lsr.php?AT=pb&SP=TC&rID=624477&rKey=bb493098d9d816c9&act=pb
