Gifts of Canadian Cultural Property to Canadian charities

December 17, 2009 | By: .(JavaScript must be enabled to view this email address) Mark Blumberg
Topics: What's New from the Charities Directorate of CRA, Canadian Charity Law, Avoiding 'Charity' Scams

Cultural property is one type of gift that a donor can make to a charity.  Certain certified cultural property has certain additional benefits associated with its donation.

In the CRA Guide Gifts and Income Tax 2009 CRA outlines some of the particulars as follows:


Gifts of certified cultural property

Special incentives have been put in place to encourage Canadians to keep in
Canada cultural property that is of outstanding significance and national
importance. Under the Cultural Property Export and Import Act, people can
donate this type of property to Canadian institutions and public authorities that
have been designated by the Minister of Canadian Heritage.
You can claim a tax credit based on the eligible amount of gifts of certified
cultural property. The eligible amount of your gift is calculated based on the
fair market value (FMV) of the property, as determined by the Canadian
Cultural Property Export Review Board (CCPERB).
The FMV of the donated property, as determined or redetermined by the
CCPERB, will apply for a 24-month period after the last determination or
redetermination. If you make a gift of the property within that 24-month
period, it is the last determined or re-determined FMV that you use to calculate
the eligible amount of the gift, whether you claim the gift as a gift of cultural
property or as an ordinary charitable gift.
Your claim for a gift of certified cultural property is not limited to a percentage
of your net income.
If you donate cultural property, certified by the CCPERB, to a designated
institution or a public authority, the CCPERB will issue you Form T871, Cultural
Property Income Tax Certificate, indicating the FMV of the gifted property. Attach
this certificate to your income tax return. Enter the eligible amount of the gift
of certified cultural property on line 342 of Schedule 9, Donations and Gifts.
You do not have to report, or pay tax on, any capital gain that you realize when
you donate certified cultural property to a designated institution or a public
authority. You can, however, deduct capital losses within specified limits.
For more information, see Guide T4037, Capital Gains.
For more information on the certification of cultural property donations, see the
section called “The Cultural Property Export and Import Act” on page 20.

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The appraisal report
The appraisal or valuation report should be based on the principles, theories,
and procedures of the applicable valuation discipline and follow the standards
of the profession. The report has to be an estimate of the FMV of the property
as of the date of donation. Also, if you owned the property on Valuation Day
(December 31, 1971), you may need to get a valuation reflecting the value on
that date.
Note
The Canadian Cultural Property Export Review Board (CCPERB) has
requirements for appraisals. Before applying for certification, please consult
the Review Board Secretariat. Contact information for the secretariat is given
on page 22.

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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