February 24, 2012
Here are three free webinars from the Charity Law Information Program dealing with receipting by registered charities and gifts in kind on March 6, 2012.
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February 23, 2012
The Charities Directorate of CRA has revoked the registered charity status of the group “World Assembly of Muslim Youth” CRA notes: “Summary of Reasons for Revocation - WORLD ASSEMBLY OF MUSLIM YOUTH On the basis of our audit and of our review of the Organization’s Registered Charity Information Returns for the years from 2005 to 2009, we have concluded that the Organization: failed to comply with or contravened subsection 230(2) of the Act; ceased to comply with the requirements of the Act for its continued registration; and failed to file an information return as required under the Act. Our analysis of the Organization’s operations has led the CRA to believe that the Organization, which has been inactive since at least 2005, was established to support the goals and operations of its parent organization located in Saudi Arabia. Our analysis particularly noted that the Organization shared a common director, contact information, and a bank account with the Benevolence International Fund in Canada (BIF-Canada), and provided $50,246 to the Benevolence International Foundation in the United States (BIF-USA) in 2001. On November 21, 2002, BIF-Canada and BIF-USA were added to the Consolidated List of the United Nations Security Council’s Al-Qaida and Taliban and Sanctions Committee.”
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February 21, 2012
Posted by Mark Blumberg on 02/21 |
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Canadian Charity Law
ORNGE, for those outside of Ontario, is a Canadian registered charity that runs the air ambulance service in Ontario. Their helicopters are painted orange. It is a charity but largely funded by the Ontario government. ORNGE has been receiving a large amount of media scrutiny over the last few months.
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The CRA recently revoked the registered charity status of the United Holy Land Fund. CRA alleges that the United Holy Land Fund did not have “direction and control” over the use of its resources, failed to maintain adequate books and records and made gifts to non-qualified donees. The amounts involved appear to be quite small - about $16,000.
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L’Ecole Notre Dame Du Nord Inc. was registered charity that was revoked by CRA. I thought it worth mentioning because the reason for dissolution provided by CRA seems quite mundane but important for charities to pay attention to. In May 2011 CRA noticed that the corporate entity L’Ecole Notre Dame Du Nord Inc had become dissolved. CRA advised “Upon termination of its corporate status L’Ecole Notre Dame Du Nord Inc. ceased to exist as an entity at law and as such no longer qualifies for registration as a charity under the Income Tax Act, subsection 248(1).” They were then given 90 days to show “proof that it exists as a corporate entity. Failure to comply will result in the CRA revoking the charity’s registration by publishing the follow notice in the Canada Gazette ...”
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February 17, 2012
Posted by Mark Blumberg on 02/17 |
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Canadian Charity Law
Here is an article on the Ontario air ambulance service Ornge which discusses the involvement of legal and accounting firms in the structuring of the transaction.
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February 16, 2012
Corporations Canada will be having a Client Outreach Session in Toronto, March 8, 2012. Here is further information.
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February 10, 2012
The Canada Revenue Agency has revoked the registration of Escarpment Biosphere Foundation Inc. as a charity for participating in the Canadian Humanitarian Trust tax shelter gifting arrangement (Donation Program). The CRA notes “Our audit revealed that the Escarpment Biosphere Foundation Inc. (the Organization) received cash and pharmaceuticals with a purported value of over $407 million as a result of its participating in the Canadian Humanitarian Trust tax shelter gifting arrangement (Donation Program). It is our position the Organization failed to verify the value of the properties and to maintain direction and control over the distribution of the properties. Further, we believe the Organization agreed, for a fee of approximately $1 million, to lend legitimacy to the Donation Program by representing that it had received and distributed the properties in its own charitable programs. As such, it is our position the Organization failed to operate exclusively for charitable purposes by acting as a conduit for the Donation Program and redistributing 99% of the cash received to other parties in the Donation Program.”
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February 07, 2012
There will be another Being Good at Doing Good conference on February 13 and 14, 2012 organized by the Charity Law Information Program - you don’t want to miss this conference. We will have some of the top experts from Canada, the US and the UK on governance, financial management and compliance. Here is the registration page: http://www.clipconference.wildapricot.org/ The conference is “Doing Good” at registrations with over 205 people signed up so far. Here is the Preliminary Conference Schedule
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Here is another short article on the Cannon v. Funds for Canada Foundation class action lawsuit.
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