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Charity Law Insights - August 2006
Introduction
Anonymous Gifts May Get Tax Relief
Les formalités d’enregistrement au Québec
The Employer Health Tax and Charities
To be (corporate) or not to be (corporate)?
Charities at the Appeals Level
Introduction
- Adam Aptowitzer
In this issue of Charity Law Insights we are proud to present our first article by Arthur Drache C.M. Q.C., our first article in French by Sebastien Desmarais, and our first article by Victor Au. Biographies on all the authors are available at www.drache.com. As usual, your questions and comments are welcome.
Yours Truly,
Adam
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Anonymous Gifts May Get Tax Relief
- Arthur Drache
There is a tradition which goes at least as far back as Maimonides that a gift made anonymously is preferable to one given where the benefactor is known. In times where charity was often on a person to person basis, the anonymous gift was preferable because there would be no embarrassment to the recipient of charity. Of course, in Maimonides' time, the issue of getting tax relief for a charitable gift was not an issue.
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Les formalités d’enregistrement au Québec
- Sebastien Desmarais
Dans la région d’Ottawa-Gatineau, il n’est pas anormal pour un organisme de bienfaisance d’opérer sur les deux rives de la rivière des Outaouais. Cette implication interprovinciale requiert aussi une conformité aux différentes lois et exigences provinciales. Au Québec, l’organisme de bienfaisance doit composer avec les exigences établies par Revenu Québec. Ces formalités d’enregistrement et ces exigences après l’enregistrement sont l’objet du présent article?
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The Employer Health Tax and Charities
- Adam Aptowitzer
It should not astonish any reader that the imposition of the Employer Health Tax (the “EHT”) in Ontario is fraught with complexities. However, it may come as somewhat of a surprise that the Ontario Ministry of Finance has taken a liberal position in applying the EHT to registered charities – more surprising is that this position has seemingly no basis in law.
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To be (corporate) or not to be (corporate)?
- Victor Au
Many are unaware that their church, synagogue, or other favourite registered charity is a non-share corporation. For most donors, there is almost no distinction between a charity that is a non-share corporation, a trust or an unincorporated association because in most circumstances the two key factors for deciding on which charity to donate to is its: (1) charitable activities and ability to fulfill them and (2) ability to issue tax-deductible receipts.
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Charities at the Appeals Level
- Adam Aptowitzer
This article continues our series on a charity’s dispute with the Canada Revenue Agency (“CRA”). In our last article we dealt with the first formal stage of a dispute, the audit process, culminating when the charity receives a notice of assessment or reassessment for a fine or penalty or an administrative fairness letter (an “AFL”) notifying the charity of the Minister’s intention to revoke, annul or suspend the charity’s registration. In either case the next stage is the “appeals stage”.
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