CRA Confirms Strict Interpretation of NPO Tax Exemption
On June 25, 2010, CRA released a follow-up technical interpretation to an interpretation released in December of 2009 addressing whether a condominium corporation could qualify as a non-profit organization when using surplus income to reduce members’ fees or to fund...
New CRA Guidance on Upholding Human Rights and Charitable Registration
The Canada Revenue Agency (“CRA”) recently finalized its proposed guidance on the protection of human rights and charitable registration. We discussed the proposed guidance in detail in the Miller Thomson LLP Charity and Not-For-Profit May 2009 newsletter. In the Guidance...
Client Awarded Judgment Against Accountant Who Advised In Favour Of Donation Tax Shelter Scheme
The Ontario Superior Court of Justice recently awarded approximately $45,000 to two individuals who sued their accountant for advising them to participate in a donation tax shelter arrangement and for taking secret commissions in respect of the scheme. The donors...
New CRA Guidance on Foreign Activities
On July 8, 2010 CRA released an important new Guidance document: “Canadian Registered Charities Carrying Out Activities Outside Canada” (available at http://www.cra.gc.ca/tx/chrts/plcy/cgd/tsd-cnd-eng.html). This new Guidance replaces CRA Guide RC4106. It had been the subject of an extensive consultation process in...
Fees Under the New Not-For-Profit Corporations Act
Mahsa Pezeshki, Corporate Law Clerk Miller Thomson Markham [email protected] 905.415.6473 Industry Canada has recently released a schedule of fees related to various applications and corporate procedures under the new Not-For-Profit Corporations Act (“NFPCA”). While the NFPCA is not yet in...
Tax Treatment of Non-Profit Organizations
A CRA technical interpretation released earlier this year addresses several issues related to the tax treatment of non-profit organizations (NPO). In the document, CRA reviews the treatment of the income of an NPO upon the loss of NPO status, the...
A Uniform Informal Public Appeals Act
Recently, a working group of the Uniform Law Conference of Canada released a consultation paper on a Uniform Informal Public Appeals Act (the “Act”). The Uniform Law Conference of Canada considers areas in which provincial and territorial laws would benefit...
Corporate Giving – Are Corporate Donations Always the Responsible Thing To Do?
A glance at the website of any major corporation, big bank or industry player will show a page (if not many) dedicated to setting out that company’s commitment to community involvement and, often, highlighting its various corporate donations. The recent...
HST and Charities/NPO’s: What You Don’t Know Can Hurt You
The HST is upon us. HST will now apply in Ontario and British Columbia as well as Nova Scotia, New Brunswick and Newfoundland. The HST means more taxes to pay for your organization. Have you thought about how the HST...
Ontario Divisional Court Releases Important Decision for Religious Employers
The May 14, 2010 decision of the Ontario Divisional Court in Heintz v. Christian Horizons has been claimed as a victory by both sides. A close reading of the decision suggests that the Court has left it open for certain...
