by: Sylvie Lalonde Recent litigation relating to an insurer’s obligation to defend an additional insured under a Commercial General Liability (CGL) policy serves as a useful reminder that organizations should carefully review how they transfer or allocate risk when entering into service agreements with subcontractors. A common way for organizations to mitigate risk when retaining […]
Voluntary Disclosure and the difference between non-profits and registered charities
By: C. Yvonne Chenier, Q.C. In the legal profession, we know what to do if we have made a mistake. Those that regulate us (Law Societies across the country) remind us about our professional obligations, how to control the damage and the importance of seeking help as soon as a mistake is discovered. So, what […]
Issuing Receipts: What’s A Charity’s Obligation?
By: Arthur Drache Towards the end of last year the CRA “published” an on-line video dealing with the question of “who the true donor of a gift is”.[1] We found is moderately interesting but nowhere nearly comprehensive if one were to judge by the questions we often get. We regularly are asked questions by charities […]
Function and Form
By: Adam Aptowitzer A recent decision of the Tax Court illustrates a concept whose importance is only matched by the universality to which it is ignored. The case of Lichtman involved a number of Orthodox Rabbis teaching at an Orthodox Jewish school in Vancouver. The Rabbis claimed what is known as the “Clergy Residence Deduction” […]
Proper Receipts and Credible Claims for Tax Benefit
By: Kara Johnson When average Canadian taxpayers pay attention to the receipts issued to them by Canadian charities to which they have donated, it is probably for two reasons: to ensure they actually have them all in hand at tax filing time, and to identify the dollar amounts therein so that they can put them […]
The Art of Giving Gifts, Not Taxable Benefits
By: Kara Johnson Employers who don’t want to seem like Scrooge and instead partake in a gift-giving spirit, might want to be aware of potential payroll tax implications. The law clearly taxes benefits provided by an employer to an employee in the context of their work relationship. However, that relationship may also be fertile ground […]
It’s Giving Season: Tax Credits for Charitable Donations vs. Political Contributions
By: Alexandra Tzannidakis In the public mind, the idea of tax credits for giving to ‘good causes’ sometimes leads to confusion and conflation of charitable tax credits and political tax credits. The truth is that charities and political causes are legally very distinct concepts (there is no such thing as a political charity) and although […]
Santa Baby
By: C. Yvonne Chenier, Q.C. Santa Baby [1] Santa baby, send a CRA[2] Agent, to me I’ve been an awful good girl, Santa baby Governing my charity right Santa baby, a Charities Education Program[3], too, so cute Well I’ll wait up for you, dear, Santa baby So hurry down your list tonight, yeah Think […]
Donating As the Path of Least Resistance
By: Adam Aptowitzer In writing on the donation of capital assets such as publicly traded securities we often describe the adjusted cost base in static terms. Indeed, when discussing donations of assets where there is no tax on the disposition, such as publicly traded securities, certified cultural property or environmental property the cost base is […]
Community Economic Development
By: Arthur Drache For myriad reasons circumstances may arise where a community may be threatened by a loss of services and may have to turn to outside sources to help. A few decades ago, for example, the Province of Manitoba had a programme which helped provide dental services to small towns which had no accessible […]
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