By: Adam Aptowitzer Charities and not-for-profits are obviously subject to a layer of laws that are related to their special status. Often overlooked though, is that they are equally subject to the same rules and regulations as other economic actors. Indeed, sometimes there are linkages between these two worlds making the need for good […]
Rectifying Rectification – The Supreme Court Goes Back to Basics in Fairmont Hotels
By: Adam Aptowitzer The recent Supreme Court of Canada decision in Canada v. Fairmont Hotels Inc.[1] is of interest to the entire legal community but of perhaps particular importance in the tax world. The case dealt with the concept of rectification – usually only examined in detail in the first year of law school. Rectification […]
Reimbursing Volunteer Expenses: Opportunities and Pitfalls
By: Arthur B. C. Drache It is very common that volunteers and board members of charities lay out funds in support of the organization’s activities. It may be to pay for gas while driving clients of the charity to travel and accommodation expenses to attend board meetings away from one’s own city. In […]
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Getting “Giving” is Getting Harder
(Declining Donations: What It Means for Charities) (Beggar) “Alms for the poor, alms for the poor…” (Lazar) “Here, Reb Nahum, is one kopek.” (Beggar) “One kopek? Last week you gave me two kopeks.” (Lazar) “I had a bad week.” (Beggar) “So, if you had a bad week, why should I suffer?” ~Fiddler on the Roof […]
Directors and Officers Owe No Duty of Care to an Employee Who Steals From Her Employer
In the recent case of Ontario Psychological Association v. Mardonet et al. (2016), 132 O.R. (3d) 750 the Court was asked to consider a peculiar argument that, if successful, would have yielded an absurd result. The Ontario Psychological Association (the “OPA”) is a not-for-profit corporation and voluntary professional organization representing psychology in Ontario. Ms. Charlotte […]
Expanded EHT Exemption for Charities with Multiple Locations
Ontario’s Employer Health Tax (EHT) is a payroll tax that generally kicks in after an organization’s payroll exceeds a certain amount. In practice, this works as an exemption from the tax on the first $450,000 of the organization’s payroll. Not every employer can benefit from this exemption, since it is intended to provide tax relief […]
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When Donor Advice is not Taken
By: Arthur B. C. Drache There are hundreds of donor advised funds registered as charities in Canada and thousands in the United States. In a nutshell, these funds receive capital from donors and invest those funds. Conceptually, each specific fund is thought of (by donors anyway) as separate but the fact of the matter is […]
2016 Updates from Corporations Canada and What it Means for NFPs
By: Sukhdeep Singh Sembi This past month Corporations Canada hosted their annual Client Engagement Session in Ottawa, where their senior staff conversed with members of the public. Their annual meeting aimed to update the private sector on their activities of the year past, highlighting important successes, problem areas and prospective changes in the administration of […]
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Maybe Adam and Eve Could Have Appealed Their Sentence
By: Adam Aptowitzer We are often contacted by charities seeking to insulate themselves from potential legal action by disgruntled former members of their organization. This typically results from situations where the individual has been kicked out of the organization for specific misconduct. Although for the most part these disputes result in acrimonious name calling from […]
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Head in the Cloud, and Books and Records on the Ground
If someone asked you “where” your cloud storage is, would you know the answer? The “cloud” is the common term used when data is stored remotely but yet accessible (to your multiple devices) through the internet. Given that the data is now ‘remote’ we often receive questions from clients as to whether keeping books and […]
Read the article: Head in the Cloud, and Books and Records on the Ground