Global Giving

April 19, 2018

Markou v. The Queen, 2018 TCC 66 (CanLII)

The case of Markou v. The Queen, 2018 TCC 66 (CanLII) in the Tax Court of Canada dealt with a leveraged donation program called “Donation Program for Medical Science and Technology”- what CRA used to refer to as an "abusive charity gifting donation scheme".  The TCC determined that there was no donative intent and no gift.

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April 11, 2018

Top Canadian Charity Law Issues by Mark Blumberg - For Charity Village - March 2018

Here is an article I recently wrote entitled Top Canadian Charity Law Issues for Charity Village.  It highlights some of the top compliance issues that a Canadian charity should be concerned with.   

April 04, 2018

Presentation in Winnipeg on foreign activities by Canadian charities with MCIC

I am looking forward to delivering a presentation next week in Winnipeg on Canadian Charities Conducting Foreign Activities: Compliance Requirements.  I will discuss the rules for foreign activities but also some recent developments involving CRA.   

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March 28, 2018

CRA releases information on Universities Outside Canada - good news for foreign universities

Here is our article CRA releases information on Universities Outside Canada - good news for foreign universities.  This will be of interest to universities outside of Canada whether they are prescribed foreign universities or not.   

March 27, 2018

Upcoming Blumbergs’ Events for 2018 - Bootcamp, T3010 and Receipting

Understanding legal compliance for registered charities is not easy but Blumbergs is offering 3 exciting new upcoming events in 2018 that will help.   

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March 24, 2018

Exciting functionality being added to CharityData.ca

We are adding some exciting new functionality with CharityData.ca   First, it is easy to see what gifts a Canadian registered charity gives to another Canadian registered charity on the CRA website.  But what if you want to know which charities gave funds to a particular charity?  Now you can do this on CharityData.ca by looking under the "Fundraising" tab.   Second, we are going to be updating the data used on the site to include all 2016 data and some 2017 data.  Third, we have added a number of new ways to search or sort all charities on the "Advanced Charity Search Page" Page.  There are now about 30 ways to filter or search.  Here is some more information on Charitydata.ca:

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March 22, 2018

Prescribed foreign universities and the Canadian 2018 Budget

David Sherman, a very knowledgeable and respected Canadian tax writer and practitioner, had expressed a concern that the changes in the 2018 Federal Budget that were meant to have simplified the system for recognizing prescribed foreign universities may have the unintended consequence of not including all foreign prescribed universities that were currently on the list.  Today Finance released the Legislative Proposals Notice of Ways and Means Motions and Explanatory Notes.  In it they make certain additional changes to ensure that there is no question that all the foreign prescribed universities that were on the list will be recognized.   

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March 13, 2018

More ways to sort Canadian registered charity data at www.charitydata.ca

Blumbergs has created the largest Canadian registered charity information portal at www.charitydata.ca with up to 13 years information on every Canadian registered charity. We have just added additional ways to sort data at www.charitydata.ca.  You can search by name, BN, Program, Charity Type, Revenue, Province and City.  

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February 27, 2018

Canadian Federal Budget 2018 and its impact on non-profits and charities

The Liberal government has unveiled their 2018 Federal Budget today.   Here is our article Canadian Federal Budget 2018 and its impact on non-profits and charities.  

February 24, 2018

RC191 - Qualified Donee Becoming a Prescribed University Outside Canada (CRA) updated

CRA has recently updated their guidance RC191 - Qualified Donee Becoming a Prescribed University Outside Canada (CRA).  The changes are minor.  They have updated the Charities and Giving links to the new Canada.ca website.  For a more in-depth discussion of a foreign university applying to be a Canadian foreign prescribed university our article "Foreign Universities Applying for Prescribed University Status in Canada 2018" may be of assistance.

February 24, 2018

Why US and other nonprofit organizations may wish to set up in Canada

In the past US and other charities had mainly looked to establishing a Canadian counterpart non-profit or registered charity when they thought that either there were fundraising opportunities in Canada or they wish to conduct their own charitable activities in Canada.   Over the last year we have seen many international groups outside of Canada wanting to establish either a nonprofit or registered charity in Canada to be their headquarters for international operations. This is for many diverse reasons.  Some fear the rising tensions and uncertainty in the US and how this could affect the operation of their organizations.  For others they would prefer to have offices or headquarters in Toronto, Montreal or Vancouver rather than in the US or a number of other countries which are increasingly unstable, xenophobic or repressive.

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February 19, 2018

Foreign Universities Applying for Prescribed University Status in Canada 2018

Here is our updated article on Foreign Universities Applying for Prescribed University Status in Canada 2018.  If your university or alma mater is outside of Canada then this article can be vital in terms of understanding how to more easily and tax effectively fundraise from Canada.  

February 14, 2018

Consultation “Reviewing Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime”

The Department of Finance is reviewing Canada's anti-money laundering and anti-terrorist financing regime.  They have published a consultation paper at Reviewing Canada's Anti-Money Laundering and Anti-Terrorist Financing Regime.  They are looking for submissions on the discussion paper before April 30, 2018.  I have met FATF in the past when they were evaluating Canada's effectiveness in dealing with AML and ATF and there are significant concerns - especially relating to the legal sector in Canada.   

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January 27, 2018

Our directory of top resources for Canadian registered charities

Over the last 10 or more years, we have published over 2500 blog posts.  Except for a few avid readers, that might be a little overwhelming so we have started to create a directory of some of the top resources for Canadian charities.  This will be particularly helpful for those who are new to registered charity compliance issues or to the charity sector.

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January 27, 2018

CRA letters on large foreign activity religious charities recently revoked by CRA

We noted a few months ago that "CRA recently revokes registered charity status of 2 large religious groups doing foreign activities".  We provided the limited details that were available  from the CRA Charities Listing at the time.  Now here are the CRA revocation letters for the two organizations.  I don't know if these revocations are being appealed within the CRA system.  

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January 25, 2018

Are you prepared for CHAMP?  It is happening in November 2018 whether your are ready or not

The CRA has been working for years on the Charities IT Modernization Project or CHAMP.  CHAMP is going to affect charity applications in that they will need to be filed electronically, as of November 2018.  CHAMP will also allow charities to file their T3010 online, although charities can continue to file their T3010 manually if they so choose.   

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January 25, 2018

With foreign activities what is the difference between a conduit and a structured arrangement?

Here is an updated article on the difference between a conduit and a structured arrangement - it is entitled Canadian Charities and Foreign Activities: Conduit versus Structured Arrangement.

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January 24, 2018

CRA Questions on Charities Assisting Those Affected by the Conflict in Syria

In our note "CRA Questions on Charities Assisting Those Affected by the Conflict in Syria" it includes some common questions and answers from CRA on charities assisting those affected by the conflict in Syria.   

January 09, 2018

Top 68 CRA Reasons for Denying your Canadian Registered Charity Application

In this article "Top 68 CRA Reasons for Denying your Canadian Registered Charity Application" we have obtained from CRA a list of some of the most common and not so common reasons for CRA to be concerned with a charity application.   

January 01, 2018

Canadian charities operating outside of Canada and Sanctions

If you are a Canadian charity operating outside of Canada you need to pay attention to whether there are sanctions relating to a particular country, business, organization, individual etc.  You can see an updated list of at the Consolidated Special Economic Measures Act Sanctions List and here is a list as of October 19, 2017.

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December 16, 2017

Canadian Charity Foreign Activity Legal Checklist - Working with Foreign Charities or Intermediaries

Here is a new checklist from Blumbergs that will assist Canadian registered charities either interested or currently conducting foreign activities.  It is called Canadian Charity Foreign Activity Legal Checklist - Working with Foreign Charities or Intermediaries 2017.

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October 28, 2017

Prescribed foreign universities can have their qualified donee status be revoked by the CRA

Canada has an unusually generous system in which foreign universities that have a couple of Canadian students studying there can obtain the equivalent of Canadian registered charity status with almost none of the obligations. Here is an article describing that process.  However, CRA can remove charities from the list if they don't continue to meet the requirements (for example to have the 2 students) or they don't respond to CRA requests every 5-10 years for confirmation of information. 

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October 28, 2017

Charity Commission releases guidance on “grant funding an organisation that isn’t a charity”

The Charity Commission of England and Wales has released a guidance Grant funding an organisation that isn’t a charity. It sets certain standards when an English charity provides a grant to a group that is not a charity such as a non-profit or social enterprise, businesses or foreign groups that is not "or may not be" a charity.  In Canada when a Canadian registered charity gives funds to a "qualified donee" it is typically relatively straightforward and simple, however, when a Canadian charity transfer funds or resources to a non-qualified donee such as a foreign charity then these sort of rules apply.  In Canada it is called having a "structured arrangement" with direction and control. I will discuss the Canadian rules at the end.

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September 15, 2017

CRA letter on transfers of property by a corporation to its sole shareholder

CRA recently released a letter that discusses whether a transfer of property by a corporation to its shareholder that is a private foundation is a gift for purposes of section 38(a.1) of the Income Tax Act (Canada) such that the taxable capital gain from the transfer would be zero.

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August 30, 2017

Australian national risk assessment into the NP sector discusses terrorist financing and AML

An interesting new report from The Australian Charities and Not-for-profits Commission (ACNC) as well as the Australian Transactions Reports and Analysis Centre (AUSTRAC) published on August 28, 2017 looked at "the risk of money laundering and terrorism financing in the not-for-profit sector, key vulnerabilities and risk indicators of high-risk organisations, groups of high-risk organisations that will benefit from targeted outreach and support, vulnerabilities that could be exploited to support terrorism, and a strategy to counter these vulnerabilities".

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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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