First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

Charities

Wine(ing) about donations

A recently released decision of the Tax Court of Canada illustrates some of the problems in donating gifts in kind and their valuation.

 

, , , ,

Legal issues for charities and NPOs on social media networks

It is recommended that an organization implement policies and procedures that minimize the legal risks associated with using social media. This includes training protocols to educate volunteers and employees on these risks.

 

, , , , , , ,

Forewarned is forearmed: Questions you should ask before joining a board of directors

Serving as a director of a charity or NPO can be an enriching and exhilarating experience. Many Canadians contribute to the betterment of their community by the hours volunteered when serving on a board of directors. However, there are some things to watch out for before joining a charity’s board of directors.

 

, , , , , , , ,

Back to school: A new world for foreign universities

The system of rules imposed on registered charities are complex and are imposed both on the collection of revenue and its spending. In theory, all of these rules now apply to foreign universities.

 

, , , , , , , ,

Back to school: A new world for foreign universities

The system of rules imposed on registered charities are complex and are imposed both on the collection of revenue and its spending. In theory, all of these rules now apply to foreign universities.

 

, , , , , , , , , , ,

Senate of Canada to study charitable sector

On January 30th, 2018, the Senate of Canada passed a motion to appoint a Special Committee of the Senate to review issues related to the charitable sector in Canada. The Senate confirmed that the Committee’s general mandate will be to examine “the impact of federal and provincial laws governing charities, non-profit organizations, foundations, and other similar groups, and to examine the impact of the voluntary sector in Canada.”

 

, , , , ,

Receipting and donor relations

This case is a reminder that charities need to be mindful of the rules when they issue donation receipts. Donors rely on the receipts in order to claim tax credits/deductions. If the Minister denies a donor’s claim for a tax credit/deduction on the basis that the charity did not include all of the required information, this will reflect poorly on the charity and could harm its relationships with donors.

 

, , , , , , , , , ,

Directors’ liability for source deductions

An issue came up when a CRA auditor queried CRA rulings. She had a file where she intended to assess the directors of a not-for-profit corporation for its failure to remit trust funds. The directors had retained legal counsel, who was of the view that directors’ liability does not apply to directors of a not-for-profit corporation.

 

, , , , , , , , ,

Government sin of omission may lead to your sin of commission

In enacting changes to the regime which deals with donations to foreign universities Budget 2018 has created an immediate issue for anybody that donates to these schools. What is unknown is whether this was intentional.

 

, , ,

Tax court addresses clergy residence deduction for religious teachers

The clergy residence deduction provides for a limited deduction for housing provided to a member of the clergy or supplied by a member of the clergy. It is a deduction that has existed for a long time and seems to have been designed to address the situation of a member of the clergy who is provided with a manse by a local congregation, but who may be expected to use the house in the course of clergy duties.

 

, , , , ,

CRA guidance: Charitable status for internal divisions

internal divisions

Many larger charities are structured in such a way that there is a head organization with subordinate divisions operating below it. For example, a charity that operates across the country may do so by way of local ‘chapters’ overseen by a main organization, or a religious governing body may have several related parishes.

 

, , , , , , , , , ,

Charities can now help businesses in the aftermath of disasters

aftermath of disasters

In August 2017, the Canada Revenue Agency (“CRA”) updated its Guidance CG-014 on community economic development (“CED”) activities and charitable registration. There were a number of updates to the Guidance, but the most significant was the inclusion of the statement that charities are now able to support, on a more long-term basis, the efforts of businesses that are helping to rebuild communities affected by disaster.

 

, , , , , , , , ,

Not-for-profits need a plan to determine whether to take a stand or policy position

Not-for-profits should continuously assess current and emerging issues to determine whether to take a stand or policy position. Emerging issues may be strategically important to the organization and are often time-sensitive; the opportunity to take a stand on an issue may be fleeting because attention may soon be re-directed to something new. Not-for-profits will need […]

 

, , , , , , , , , , , , ,

Changes to the Ontario Not-For-Profit Corporations Act, 2010

On November 14th, Bill 154 received Royal Assent. As noted previously, this omnibus bill made changes to the Corporations Act (Ontario), to social investment provisions in the Charities Accounting Act (Ontario), and other statutes. Some of the more significant changes to the Not-For-Profit Corporations Act, 2010 (“ONCA”) are reported here, none of which are in force today but will be when ONCA comes into force. As you may recall, ONCA was passed in 2010, but it will only come into force on a day to be named. The government plans to bring the ONCA in force in early 2020.

 

, , , , ,

It’s giving season: Tax credits for charitable donations vs. political contributions

With the holiday season upon us, many Canadians are turning their minds to both good-will and the end of the tax year. The next time you reach for your wallet to make a donation or contribution, think back on this summary of the differences between the two and reflect on what the tax implications will be.

 

, , , , , , , ,

Previous Posts