February 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 185 people signed up so far.
CRA will be shortly releasing their much anticipated revised Guidance on Fundraising. Join charity lawyer Mark Blumberg as he presents a webinar on behalf of the Charity Law Information Program entitled “CRA’s New Fundraising Guidance” on Friday, February 10, 2012 at 1PM EST for approximately 1 hour.
January 2012
Posted by
.(JavaScript must be enabled to view this email address) on 01/31/2012 |
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Canadian Charity Law |
Ethics and Canadian Charities
Here is a copy of my submission to the Submission to the House of Commons Standing Committee on Finance on Motion 559 dealing with transparency.
Here is the Blumbergs’ Canadian Charity Law List - January 2012
Posted by
.(JavaScript must be enabled to view this email address) on 01/28/2012 |
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What's New from the Charities Directorate of CRA |
Canadian Charity Law
For a number of years CRA has been aggressively targeting charities that are involved with abusive tax shelter schemes or in serious non-compliance with their legal obligations under the Income Tax Act. In some cases CRA puts out a news release but that only provides a small amount of detail as to the concerns of the regulator. Anyone can request from CRA copies of letters sent by the Charities Directorate to a charity which provide a lot more detailed information. Here are copies of news releases and more importantly in some cases the letters from CRA to the charity.
StatsCan recently published some statistics on charitable giving. They noted “Canadian taxfilers reported making charitable donations of just under $8.3 billion in 2010, up 6.5% from 2009. At the same time, the number of donors increased 2.2% to just over 5.7 million. Data are based on income tax returns filed for 2010.” That is a bit of a good news story and shows that many Canadians who have jobs feels quite lucky and are generally digging into their pockets more. What is interesting and not discussed by StatsCan is that Canadian charities according to their T3010 filings issued about $13 billion in donation receipts. Why then almost a 5 billion dollars difference between the T3010 filings and the personal income tax returns? Many Canadians gave under $200 and did not claim any amount on their return. Some donations came from corporations and not personal taxfilers. Also maybe some who gave over $200 did not keep their receipts or did not think it was important to file them. Perhaps the tax benefits of donating to registered charities are less important to some than to others.
There are a couple of interesting websites which allow much easier searching of information from the T3010 databases. One is CharityFocus.ca (discussed at http://www.globalphilanthropy.ca/index.php/blog/comments/charity_focus_from_imagine_canada_-_a_helpful_tool_to_analyze_canadian_char/ ). Another interesting website is http://www.opencharity.ca Opencharity.ca allows for visitors to search not only by charity name but also directors name.
Posted by
.(JavaScript must be enabled to view this email address) on 01/26/2012 |
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Alice Holt, the Head of Legal Services for the London office of the Charity Commission of England and Wales will be speaking at CLIP “Being Good at Doing Good” Conference in Toronto, which is being held February 13 and 14. We are delighted to have Alice join us.
Imagine Canada will be officially launching its Charity Focus website soon. You can review the website at http://www.charityfocus.ca/
The CRA has published Charity Connection No. 11 on the 2011 Federal Budget. The publication highlights some of the major changes for registered charities, RCAAAs and other qualified donees. There will be more information on certain other budgetary provisions in the near future such as the “ineligible individual” provisions..
Posted by
.(JavaScript must be enabled to view this email address) on 01/24/2012 |
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Avoiding 'Charity' Scams
Ontario tax litigator, Natalie Worsfold, has an interesting blog called “Trouble with Taxes”. She has a page on the GLGI gifting arrangement. Of particular note is the lengthy PDF of court documents.
The CRA has revoked for cause “Word of Christ Ministry” and “Hope Church of God Deliverance Ministries” for involvement in promoted charity schemes.
On January 23, 2012 the National Post published an article entitled “Judge OKs suit against charity tax ‘scheme’” by Joseph Brean which discusses a class action lawsuit against various parties relating to the “Donations for Canada Gift Program”.
Posted by
.(JavaScript must be enabled to view this email address) on 01/18/2012 |
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On February 9, 2012 I will be delivering a webinar entitled “Successfully funding First Nations communities in Canada in compliance with CRA guidance” along with The Circle on Philanthropy and Aboriginal Peoples in Canada, Canadian Environmental Grantmakers’ Network and the Charity Law Information Program. For more information or to register see the link below.
The first class action lawsuit involving what CRA terms an “abusive charity gifting tax scheme” has settled at a Settlement and Class Counsel Fee Approval Hearing that was held on January 17, 2012 in Toronto. The material for that hearing is on the Scarfone Hawkins website and is quite interesting reading providing lots of interesting details about the scheme. Here is announcement from the Plaintiff’s lawyers Scarfone Hawkins LLP.
Ken Berger, the President & Chief Executive Officer, of the US charity watch dog group Charity Navigator will speaking at the CLIP conference “Being Good at Doing Good” on the subject of “The Battle for Transparency in the Non-Profit Sector”.
Lois G. Lerner, the Director of the Exempt Organizations Division of the Internal Revenue Service will be speaking at the Charity Law Information Program (CLIP) Conference “Being Good at Doing Good” in Toronto, which is taking place on February 13 and 14th. http://www.clipconference.wildapricot.org/ As head of the Exempt Organizations Division she is responsible for the regulation of US charities or exempt organizations including registration, education, and compliance. She will be giving two presentations - one focusing on why regulators care about governance and the second on top compliance issues for US charities. We will also have speakers from the CRA and Charity Commission of England and Wales and other experts in charity governance, financial controls and compliance.
Posted by
.(JavaScript must be enabled to view this email address) on 01/17/2012 |
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Avoiding 'Charity' Scams
The Toronto Star’s Investigative Reporter Kevin Donovan, who frequently covers the charitable sector, will be presenting at the Charity Law Information Program (CLIP) conference “Being Good at Doing Good”. Increasingly the media has been focusing on charities and certain hot button issues. Those involved with charity governance, financial management and communications will find his comments very useful.
There has been a little political firestorm last week over US foundations funding of certain Canadian environmental charities. So how much revenue actually comes to Canada from foreign countries including the US? The answer seems to be about $831 million. That is from Line 4575 “Total revenue received from all sources outside Canada”. If you are interested in who got what then read on.
On December 21, 2011 the Department of Finance announced a consultation on “updating Canada’s regime for combating money laundering and terrorist financing.” They also put out a consultation paper, “Strengthening Canada’s Anti-Money Laundering and Anti‑Terrorist Financing Regime,” which contains a number of proposals, a couple of which relate to charities. The deadline for submitting comments is March 1, 2012. The two proposals relating to charities are pretty minor - first for the Canada Border Services Agency (CBSA) to share information with CRA Charities Directorate on seizure reports when they seize forfeited currency. Second, the Financial Transactions Reports Analysis Centre of Canada (“Fintrac”) already provides disclosure to CRA but such disclosure may be more proactive. These recommendations will facilitate the Charities Directorate having greater awareness of potential money laundering or terrorist activities that could potentially involve charities.
In a Globe and Mail article entitled “Foes of Northern Gateway pipeline fear revocation of charitable status” there is a discussion of recent issues raised about foreign funding on Canadian charities and political activities of Canadian charities.
Posted by
.(JavaScript must be enabled to view this email address) on 01/09/2012 |
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Canadian Charity Law
There are 24 Registered National Arts Services Organization (RNASO) in Canada.
Here are some upcoming Charity Law Information Program (CLIP) seminars which I will be presenting across Canada. The format will be a morning discussing the 2011 Budget provisions for charities, some information on the new Federal Canada Not-for-profit Corporations Act, and a detailed discussion of fundraising regulations in Canada. The afternoon will focus on The Dos and Don’ts of Charitable Receipting.
Posted by
.(JavaScript must be enabled to view this email address) on 01/08/2012 |
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What's New from the Charities Directorate of CRA |
Canadian Charity Law
The Charity Law Information Program (CLIP) has just released the Receipting Kit for Canadian Registered Charities. The kit is 25 pages long and provides an overview of what a registered charity needs to generally know about receipting. As well, there is an attachment which is about 115 pages long with CRA guidance on receipting and even a CRA auditor checklist on receipting.
Here is a copy of a recent presentation on CRA’s Foreign Activity Guidance.
Minister of International Cooperation, Bev Oda, announced on December 23, 2011 the results of the Call for Proposals process of the Partnerships with Canadian branch. 53 organizations received about $142 million in total commitments.
Posted by
.(JavaScript must be enabled to view this email address) on 01/05/2012 |
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What's New from the Charities Directorate of CRA
The CRA has revised its Pamphlet “Gifts and Income Tax P113(E) Rev. 11” to reflect recent budget changes including reducing the incentives for packaged flow through donation schemes and other provisions from the 2011 Federal Budget.
Posted by
.(JavaScript must be enabled to view this email address) on 01/04/2012 |
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There are a few hundred foreign universities (ie. universities outside of Canada) that can issue Canadian official donation receipts and are therefore “qualified donees” similar to registered charities. The list of these universities was hidden on page 1550 of a regulation to the Income Tax Act. Now the list will be more easy to access on the Charities Directorate website.
