May 01, 2010
The CRA Fundraising Guidance is an important document for boards of directors to understand and to ensure that their charity complies with the requirements of the fundraising guidance. Here are some questions that a board of a Canadian charity may wish to ask in relation to the Fundraising Guiance.
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The Ontario Public Guardian and Trustee in its publication Charitable Fundraising: Tips for Directors and Trustees sets out a number factors for charities to consider before signing a fundraising contract. If the fundraising contract is potentially large or you are uncertain about legal requirements relating to fundraising it may be best to retain a charity lawyer that is knowledgeable about legal requirements for Canadian charities.
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Here is some thoughts on special purpose fundraising from the Ontario Public Guardian and Trustee.
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The CRA notes in its Fundraising Guidance that “Generally, the CRA uses a series of progressive compliance measures. In some cases of non-compliance, the CRA uses education letters or compliance agreements. The CRA can also impose a monetary penalty, suspend a charity’s tax-receipting privileges, or revoke a charity’s registered status. Although revocation is generally the last resort, the Income Tax Act allows revocation at any time—when it is appropriate to the circumstances.”
While telemarketing is allowed by Canadian charities they must be very careful in its use.
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In Cathy Hawara’s presentation to the Canadian Bar Association on April 30, 2010 in slide 15 she notes the most up to date statistics on charitable gifting tax shelters. “The scope of the problem is significant; the CRA estimates that since 2003 there has been approximately: 172,300 participants, $5.4 billion in claimed donations. The Charities Directorate has revoked 35 charities and RCAAAs for participating in tax shelter schemes. 2006 to 2009 saw participation drop by 80% to 10,800 individuals and the amount of “donations” drop by 76% to $284 million.”
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