April 26, 2011
Posted by Mark Blumberg on 04/26 |
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Canadian Charity Law
4 class action lawsuits dealing with abusive charity gifting tax schemes have been commenced by various law firms and the defendants include a number of law firms.. Now the law firm Scarfone Hawkins LLP is looking into the possibility of launching 1 or more class action lawsuits with respect to specific leveraged charitable donation programs. Here is the press release from them.
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Here is the Blumbergs Canadian Charity Law List for April 2011 - lots of interesting legal and ethical issues in the Canada charity sector and elsewhere.
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April 23, 2011
Here is a list of Canadian Charities Recently Revoked by CRA for cause -April 2011. The list also has the names of the directors of those charities. Charities that are concerned about their reputations may want to think twice before having any of these people sit on their boards of directors or be involved in their organizations.
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April 18, 2011
The update on the CNCA is that there is no update. On February 16, 2011 Marcie Girouard, Director General of Corporations Canada, and Coleen Kirby, Manager of the Policy Section, spoke in Toronto about the Canada Not-for-profit Corporations (CNCA). Coleen advised that it was expected that the CNCA would come into effect in late Spring but if there was an election that her estimate is that it would take about another 3 extra months. She made it clear that it was up to the cabinet, and not her as to timing. If the end of Spring is late May, then late August is the best guess at that point as to when the CNCA would come into force.
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April 11, 2011
The International Relief Fund for the Afflicted and Needy Canada (IRFAN-Canada) has had its registered charity status revoked for failing to keep adequate books and records of its foreign activities. They had their receipting privileges suspended last year because according to CRA they “Failed to maintain books and records in Canada in accordance with subsection 230(2), to provide records for audit in accordance with subsection 231.1(1), and to comply with a Requirement to provide documents in accordance with subsection 231.2(1)”. Well it appears that there may have been more here than just sloppy record keeping. According to CRA’s lengthy letter “IRFAN-Canada also transferred gifts-in-kind to non-qualified donees valued at more than $17 million. ... We have been able to establish that $13 million transferred to other organizations in the form of gifts-in-kind was provided to organizations which we have been able to document from public records as having ties to Hamas.” Here are the CRA documents to IRFAN-Canada including various schedules:
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April 04, 2011
Posted by Mark Blumberg on 04/04 |
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Canadian Charity Law
Here are some free archived webinars - each approximately 1 hour in length on Canadian charities and foreign activities. If your charity conducts foreign activities these webinars will help in understanding some of the compliance issues.
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