New reporting requirement for charities participating in partnerships

January 21, 2016 | By: .(JavaScript must be enabled to view this email address) Mark Blumberg
Topics: News, What's New from the Charities Directorate of CRA, Canadian Charity Law

The CRA will be introducing a new reporting requirement for registered charities.  It is a short question relating to partnership holdings.  A charity should print the page and submit it with the T3010 filing.   Next year (2016 fiscal year) the question will be on the T3010 and not dealt with separately.  Seems a bit cumbersome that all charities must do this for the 2015 fiscal year when there are probably only a very small number who have partnership holdings. The questions is "Did the charity have direct partnership holdings at any time during the fiscal period?  Yes  No

Here is the note from CRA:

New Reporting Requirement

15-122

Answer the question below, and attach it to the charity’s Form T3010, Registered Charity Information Return.

Limited partnership holdings

The 2015 Federal Budget proposed that a registered charity may invest in limited partnerships without being considered to be carrying on a business solely because of that holding, as long as it meets all of the following conditions:

The charity must be a limited partner of the partnership;
The charity – together with all non-arm’s length entities – holds 20% or less of the fair market value of all interests in the partnership; and
The charity deals at arm’s length with each general partner of the partnership.

A registered charity with partnership holdings other than what is described above would be considered to be carrying on the business of the partnership. Depending on the nature of the partnership’s activities and the arrangement, this could result in the registered charity not meeting the requirements for registration under the Income Tax Act.

New reporting requirement     

All registered charities must now annually report their partnership holdings. To fulfil the reporting requirement for this year, charities must answer the question below and attach it to the charity’s Form T3010, Registered Charity Information Return. Next year, this question will be included on Form T3010.

Response instructions

If the charity has direct partnership holdings either as a limited partner or a general partner, tickYes.

If the charity does not have partnership holdings, or if all such holdings are indirect, tick No.

The following are examples of when a charity does not have to report holdings either as a limited partner or a general partner:

It has holdings in mutual fund trusts, mutual fund corporations, or unit trusts which in turn have partnership holdings;
It has entered into formal or informal arrangements with other parties which do not result in partnership holdings (for example, joint venture, or agency agreement).

New reporting question

Did the charity have direct partnership holdings at any time during the fiscal period?
 Yes
 No

Need more help?

For more information on charities and partnerships, read the questions and answers atInvestments by registered charities in limited partnerships.

Do you require legal advice with respect to Canadian or Ontario non-profits or charities?

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Charity Lawyer Mark Blumberg

Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.

mark@blumbergs.ca
416.361.1982
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