Posts Tagged ‘Income Tax Act’

Exploring new ways for charities to work in partnerships

December 10th, 2019 by Ted Hyland

This article was first published on rabble.ca

Registered charities in Canada find themselves increasingly drawn to find ways of operating through partnerships and networks. There are two legal impediments they face in doing their work. One is the requirement under the Income Tax Act that charities carry on their own activities themselves, known as the “direction and control” requirement. The other impediment is the prohibition against registered charities making gifts to any entity that is not a qualified donee (qualified donees are registered charities and other various tax-exempt entities specified in the act).

The Canada Revenue Agency’s (CRA) view is that charities are allowed to use their resources in only one of two ways: either by making gifts to other qualified donees (for most charities, this means to other registered charities) or by applying their resources to their “own activities,” which the charities must carry on themselves.

It is in this context that the Senate Special Committee on the Charitable Sector, established in January 2018, held hearings into the effect of laws and policies on the charitable sector. It issued its report, Catalyst for Change: A Roadmap to a Stronger Charitable Sector, in June 2019.

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Charities now free to engage in non-partisan political activities

July 20th, 2018 by Brian Iler

This article was first published on rabble.ca

Charities are now free to engage in non-partisan political activities.

That’s the explicit message of the Ontario Superior Court in its decision this week.

What a huge relief to those many charities that suffered through Stephen Harper’s politically motivated Canada Revenue Agency audits!

While Justin Trudeau promised reform, and suspended action on those audits, he has yet to deliver reform.

But the court did.

The application to the court was brought by a small charity, Canada Without Poverty, after Canada Revenue Agency (CRA) threatened to take away its charitable registration, alleging that virtually all of its activities involved political engagement.

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A friendly visit from the CRA? About the new Charities Education Program

December 18th, 2017 by Elliot Fonarev

The Canada Revenue Agency (CRA) has launched a program to conduct in‑person visits to 500 registered charities each year to provide information and advice on their obligations under the Income Tax Act. The Charities Education Program (CEP) is designed to help charities avoid common errors and identify potential issues before it files its next information return.

Your charity may be selected by the CRA if it is newly registered, based on information from the charity’s information return (Form T3010, Registered Charity Information Return), or if the charity has not complied in common areas such as receipting and reporting. All charities are eligible for a CEP visit. The CRA is also considering creating an ‘on‑demand’ service in the future for charities that wish to request a CEP visit, however currently charities are not able to request a visit.

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Non-profits await change from Liberal government. Here’s what needs to happen

April 5th, 2016 by Brian Iler

This article was first published on rabble.ca

In mandate letters to his newly appointed ministers, Justin Trudeau told Finance Minister Bill Morneau, and his minister responsible for Canada Revenue Agency (CRA), Diane Lebouthillier, to:

“modernize the rules governing the charitable and not-for-profit sectors. … A new legislative framework to strengthen the sector will emerge from this process.”

Wonderful news, for both charities and non-profits (sometimes referred to as “not-for-profits”). For non-charitable non-profits, this was especially exciting, as their voice in political circles is regularly eclipsed by far-better organized charities.

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Tax court confirms “connecting factors test” for on-Reserve income tax exemption

July 30th, 2012 by Iler Campbell LLP

On July 7th 2012, the Tax Court of Canada (the Court) handed down its decision in Dickie v The Queen regarding a reassessment of a status Indian operating a proprietorship from Fort Nelson Indian Reserve (the Reserve).  Mr. Dickie operated a business clearing and slashing timber on contract for oil and gas companies to conduct seismic surveys of the land. While he accepted some contract work that took place on the Reserve, an overwhelming majority of his business came from work conducted off Reserve.

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Changes to the Income Tax Act will restrict charities’ political activities

May 15th, 2012 by Paula Boutis

On April 26, 2012, the federal government introduced Bill C‑38, which contains proposed changes to the Income Tax Act (Canada) (ITA) affecting charities and how political activities are to be accounted for, in the context of a gift from one charity to another.

We provide a brief summary of the current legislative provisions, the proposed changes, and the impact of the changes on charitable foundations and organizations.
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