Ethics and Canadian Charities
December 13, 2014
The Charities Directorate of the Canada Revenue Agency has revoked the charitable registration of Ecotecture: Centre for Ecological Art and Architecture for its involvement in a scheme known as the Via Project or Vintage Iconic Archives. The former registered charity had issued over $200 million in receipts.
December 04, 2014
For a number of months Corporations Canada of Industry Canada has provided more director information on their website with respect to Federal non-profit Corporations under the Canada Corporations Act (“CCA”) and new Canada Not-for-profit Corporations Act (“CNCA”). Previously, the list of directors (and their addresses) was excluded from the free corporate information provided on Corporations Canada’s website. However, the public was able to access this director information by filing a request with Corporations Canada (a fee per page was being charged and you had to provide a credit card for the $1-$2 charge which is cumbersome).
December 03, 2014
Tax Court of Canada has released a number of judgements dealing with false receipting this week. The cases all relate to a scheme in Vancouver involving the issuance of approximately $12 million in false receipts. The cases of Azim Bani (2012-35421(IT)I, Jose Vekkal (2013-882(IT)I), Remmy Vekkal (2013-883(IT)I), Martin Izkendar (2013-220(IT)I), Ruben Nocon (2013-635(IT)I), Iraj Rasuli (2013-886(IT)I), Khorshid Rasuli (2013-887(IT)I), Ladan Abootaleby-Pour (2013‑1779(IT)I) and Oleg Komarynsky (2013-3354(IT)I) all related to this scheme. In one case for example it notes that CRA "alleges that the Appellant purchased false charitable donation receipts from his accountants, Fareed Raza and Saheem Raza (the “Raza Brothers”). The Raza Brothers provided accounting and tax services under the trade names Fareed Raza & Co. Inc. and F & A Accounting Corporation (“FA”). The Raza Brothers were charged with fraud for making false statements on income tax returns prepared by them for their clients." The Tax Court of Canada disallowed these false receipts.
November 28, 2014
I just read this CRA FAQ with the latest numbers on abusive gifting charity tax shelters. "As of March 31, 2014, the CRA has denied more than $6.3 billion in donation claims and reassessed over 190,000 taxpayers who participated in these gifting tax shelters. The CRA has also assessed more than $162 million in third party penalties against promoters and tax preparers."
November 27, 2014
CRA has posted the T3010 Registered Charity Information Returns for 82,000 of the 86,000 Canadian registered charities. About 477 Canadian registered charities identified conducting political activities whether by volunteer, staff or spending funds. Here is a link to our article "Which charities spent the most on political activities in 2013?"
November 26, 2014
CRA has put up another reminder to Canadians about abusive charity gifting tax shelters. The tiltle is "Warning: be cautious if you are thinking of participating in a gifting tax shelter schemes"
October 27, 2014
The Supreme Court will be hearing the Guindon case in December. The case deals with the constitutionality of certain penalties that are provided for in the Income Tax Act (Canada). We have discussed the case in an earlier blog posting. It will be interesting to see what the Supreme Court of Canada decides in this matter. Apparently only about 50 such penalties have been imposed by CRA over the last decade but the ability to impose penalties is significant.
October 22, 2014
The recent terrorist attacks in Quebec and Ottawa are a reminder of the impact of terrorism. Canadian charities are an important part of Canadian society and it is important that they protect their employees, volunteers, and other resources from terrorist abuse.
October 18, 2014
The CRA announced that it has revoked a charity, Skyway Foundation of Canada, for issuing inflated receipts for donations of marketable securities. In our Receipting Kit we note: "When a donor donates shares on certain stock exchanges, the CRA has “as a general rule, accepted the use of the closing bid price of the share on the date it is received or the mid-point between the high and the low trading prices for the day, whichever provides the best indicator, given the circumstances, of fair market value on normal and active market trading.” In some cases, such as thinly traded shares, this may not be appropriate." CRA notes in its press release that "During 2008, a private group of taxpayers engaged in transactions designed to artificially inflate the value of publicly traded shares. These shares were subsequently donated to the Organization which, in turn, issued official donation receipts totaling approximately $2.6 million. Subsequent to the donation, in 2009, these shares lost nearly 95% of their value resulting in a substantial loss to the Organization." it appears that this revocation was for thinly traded shares that were artificially inflated.
October 08, 2014
I was delighted to read a publication "Donor Beware: Investigation into the sufficiency of the Canada Revenue Agency's warnings about questionable tax shelter schemes". The special report was prepared in December 2013 by J. Paul Dubé, the Taxpayers' Ombudsman. The 39 page report rips into charitable gifting tax shelters. Although it is generally very positive about the work of CRA in trying to educate taxpayers and denying the tax credits it does make some recommendations for CRA to increase educational efforts to donors on the dangers of these schemes. I was quite pleasantly surprised that there were a number of references to articles I have written or websites that I edit.
October 07, 2014
On October 3, 2014, CRA released an updated resource on tax shelter arrangements on the CRA website. This page provides detailed information on what is a tax shelter, provides links to case law dealing with tax shelters, and cautionary steps for individuals considering getting involved in a tax shelter.
October 07, 2014
We have prepared a more detailed article on Canada’s Anti-Spam Legislation (CASL) for Canadian Registered Charities and Non-profit Organizations. CASL is a complicated piece of legislation that applies to CEM that are either sent from, or accessed on, a computer system in Canada, unless an exemption applies.
September 22, 2014
CRA has been sending out numerous notices with respect to the importance of Canada Corporations Act (CCA) corporations continuing to the new Canada Not-for-profit Corporations Act (CNCA). A number of people have contacted us with respect to the notice. In some cases the Federal corporations were established in 2012 or 2013 under the CNCA. In other words they were never even under the CCA and cannot continue to the CNCA. Therefore, some of these notices may be sent to corporations that need to make changes, but others may be sent in error. You can check your status and under which act you are currently under at the Industry Canada website. It is easy and free.
September 12, 2014
Did Mr. Imoh give charitable donations of 45,000, in cash, to Revival Time Ministries International over 3 years? Did Mr. Bello give $15,000 to the same charity? This is the crux of the case. You can read about Revival Time Ministries International's revocation by CRA here. (As an aside and outside the scope of charity law you can read about allegations of sexual assault here.) Far from having poor records or no records the charity produced some Canadian bank statements which the charity seemed to prepare for itself. I did not know that you can prepare your own bank statements but I learn a new thing everyday! This case really enhanced my understanding of charity law in Canada!
September 06, 2014
We recently reviewed the T3010 information for 2012. The database was prepared by the Charities Directorate of CRA in June 2014 and covers about 85,477 charities which is almost all of the 2012 T3010 returns. Canadian registered charities were required to disclose on the 2012 T3010 “Did the Charity Carry on Political Activities During the Fiscal Year?” (line 2400) and “Enter the Total Amount spent by the Charity on these activities” (line 5000)
August 28, 2014
The CRA yesterday released its guidance on ineligible individuals (CG-024). The new rules were announced in the 2011 Federal Budget and it is good to see CRA finally providing its guidance on ineligible individuals.
August 26, 2014
In this article entitled "Partial Glimpse at 2013 T3010 Filings Dealing with Political Activities by Canadian Registered Charities" I discuss the 51,000 Canadian registered charities have had their T3010 for 2013 added to the CRA database so far. This 51,000 represents about 60% of registered Canadian charities. In a partial glimpse of the 2013 T3010 information about 333 of 51,000 charities reported so far carrying on any political activities during their 2013 fiscal year, whether by volunteer, staff or spending. A similar number also said they spent money on political activities.
August 09, 2014
Here is a link to an article I wrote entitled "Selecting Great Charities – only tough if your eyes are open" which recently appeared on the CanadaHelps website.
August 07, 2014
Over the last 20 years CRA has revoked a number of charities for ostensibly being involved in partisan political activities, or exceeding the 10% of resources on political activities, or for having an unstated political purpose. In light of all the interest in charities and political activities we thought that it would be a good idea to provide a list of CRA letters that I am aware of relating to those revocations. For those who are interested in the issue of charities and political activities these are important documents.
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