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The Art of Giving Gifts, Not Taxable Benefits

December 13, 2017

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 […]

Filed Under: Articles, Charities - Current Articles Tagged With: Drache Aptowitzer LLP, employee gifts, gifts, Kara Johnson, near-cash gifts, non-cash gifts, taxable benefit, Taxable Benefits

It’s Giving Season: Tax Credits for Charitable Donations vs. Political Contributions

December 11, 2017

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 […]

Filed Under: Articles, Charities - Current Articles, Tax Tagged With: Alexandra Tzannidakis, charitable donations, Drache Aptowitzer LLP, political contributions, tax credit

Santa Baby

December 11, 2017

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 […]

Filed Under: Articles, Charities - Current Articles Tagged With: Canada Revenue Agency, Charities Directorate, Charities Education Program, charities modernization, Drache Aptowitzer LLP, mandate letters, qualified donees, Yvonne Chenier

Donating As the Path of Least Resistance

November 21, 2017

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 […]

Filed Under: Articles, Charities - Current Articles Tagged With: ACB, Adam Aptowitzer, adjusted cost base, capital assets, donating, donation of capital assets, Drache Aptowitzer LLP, variable cost base

Community Economic Development

November 20, 2017

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 […]

Filed Under: Articles, Charities - Current Articles Tagged With: Arthur Drache, CED, Community Economic Development, CRA guidance, disaster relief, Drache Aptowitzer LLP, private benefit

New CRA Guidance: Charitable Status for Internal Divisions

November 20, 2017

By: Alexandra Tzannidakis Many larger charities are structured in such a way that there is a head organization with subordinate divisions operating below it. For example, a charity that operates across the country may do so by way of local ‘chapters’ overseen by a main organization, or a religious governing body may have several related […]

Filed Under: Articles, Charities - Current Articles Tagged With: Alexandra Tzannidakis, CRA guidance, Drache Aptowitzer LLP, internal division, subordinate registration

Social Investment changes in Charities Accounting Act

October 17, 2017

By: Alexandra Tzannidakis Among other things, Bill 154 (the proposed Cutting Unnecessary Red Tape Act) makes significant changes to the Charities Accounting Act (“CAA”). The changes give charities increased freedom and certainty in making “social investments” where the focus is mission-related results rather than financial benefit to the charity. A brief backgrounder is in order […]

Filed Under: Articles, Charities - Current Articles Tagged With: Alexandra Tzannidakis, CAA, Charities Accounting Act, Drache Aptowitzer LLP, social investment, social investments, trust property, trustees

Rules Around Raffles: Don’t Get Sent Up the River for Sending Rubber Duckies down the River

September 15, 2017

By: Kara Johnson Raffles (or, properly speaking, raffle lotteries) can be a fun, efficient, and relatively non-labour-intensive means of making moderate amounts of money for a not-for-profit or charity.  Did you know, however, that the regulatory framework governing raffles (charitable gaming) ultimately flows from the Criminal Code?  That’s right; if you don’t want to get […]

Filed Under: Articles, Charities - Current Articles Tagged With: AGCO, Alcohol and Gaming Comission of Ontario, charity lottery, charity raffle, Drache Aptowitzer LLP, Kara Johnson, Ontario lottery, raffle, raffle license, raffle rules, rules for raffles

Foregoing Naming Rights and Anonymous Gifts

July 14, 2017

By:  Arthur Drache An article in the Globe and Mail which appeared on line in June[1]highlighted a number of major gifts for which the donor did not ask for naming rights and indeed and personal recognition. For example, Judy Matthews and her husband, investment banker Wilmot Matthews, have previously made donations to develop public spaces […]

Filed Under: Articles, Charities - Current Articles Tagged With: anonymous donation, anonymous gifts, Arthur Drache, charitable donation, Drache Aptowitzer LLP, no-name donation, religious donations

By-laws: Tips and Traps

May 24, 2017

By:   Sylvie Lalonde Discussions about By-laws will rarely generate much enthusiasm or interest. That is, until a situation arises where they must be consulted and you realize that the By-laws contain gaps, inconsistencies and simply do not work. When there is a challenge to procedures relating to the conduct of meetings, the By-laws are […]

Filed Under: Articles, Charities - Current Articles Tagged With: Board of Directors, by-laws, bylaws, CNCA, directors, Drache Aptowitzer LLP, meeting conduct, OCA, quorum, Sylvie Lalonde

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