November 30, 2009
I am not even going to try to answer this issue. I tried before to deal with Subsection 16(3) and got the answer wrong. I am excerpting a piece from a paper entitled Insight on C-4, the New Canada Not-for-profit Corporations Act By: Wayne Gray, who is a partner at McMillan LLP, Toronto. http://www.mcmillan.ca/waynegray to answer the question.
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The New Canada Not-for-profit Corporations Act while passed has not come into force yet. The experts best guess (see Wayne Gray below) is early 2011 for it coming into force.
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November 29, 2009
CRA’s Guidance “Fundraising by Registered Charities” is in two separate documents namely the main guidance at http://www.cra-arc.gc.ca/chrts-gvng/chrts/plcy/cps/cps-028-eng.html and http://www.cra-arc.gc.ca/chrts-gvng/chrts/plcy/cps/cps-028-ddn-eng.html (entitled Additional information on Guidance CPS-028, Fundraising by Registered Charities). These documents are hyperlinked together and you can go back and forth between the documents to obtain all the information. For those who find it more convenient CLIP has combined the two documents in this one document and inserted the content of the “Additional Information” directly next to the part of the the Guidance it is referring to. A reader can using this document read the guidance from beginning to end. As well it is in PDF format to make it easier for some to download to a laptop and review when they have time or to place comments or mark up. We have also increased the font size to make it easier for some to read.CRA’s_Guidance_Fundraising_by_Registered_Charities.pdf
November 27, 2009
Posted by Mark Blumberg on 11/27 |
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Published under:
Transparency
Here is an OP ED piece by the finance director of Oxfam UK. There is also a response from the UK TaxPayers’ Alliance in the comments section.
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November 19, 2009
Can a Canadian non-profit under 149(1)(l) earn a profit. Does it matter if the profit is intentional and/or will be used to further the organization’s purposes?
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November 17, 2009
Posted by Mark Blumberg on 11/17 |
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Published under:
Canadian Charity Law
In Maréchaux, F.M.E. v. The Queen the case revolved around whether F. Max E. Maréchaux, was entitled to a charitable donation tax credit. Maréchaux is a lawyer at the law firm Miller Thomson LLP. http://www.millerthomson.com/index.cfm?cm=Employee&ce=details&primaryKey=16425 CRA had disallowed the donation claiming it was not a gift. The appeal which relates to the 2001 taxation year and the tax court dismissed his appeal with costs and ruled for CRA.
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According to Statistics Canada total charitable donations in 2007 were $8,648,660,000 ($8.6Billion) and in 2008 $8,189,280,000 ($8.1B). I am not great at math but that seems to indicate a drop of about $450 million dollars. That is only part of the story.
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November 16, 2009
Posted by Mark Blumberg on 11/16 |
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Published under:
Canadian Charity Law
Carol Goar in her article “All dressed up and nowhere to volunteer” asks some interesting questions about why we are not adequately using volunteers. Hopefully the article will intensify the discussion on the point.
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November 13, 2009
Posted by Mark Blumberg on 11/13 |
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Canadian Charity Law
CRA is asking those who visit their Charities and Giving Web pages which are geared towards donors and charities. You can take their survey at:
http://www.cra-arc.gc.ca/chrts-gvng/chrts/cmmnctn/srvy-eng.html
November 12, 2009
Posted by Mark Blumberg on 11/12 |
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Published under:
Canadian Charity Law
Russel is an art donation case. However, it is more than that. It might be the beginning of the end of the abusive charity gifting tax shelters in Canada.
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