Greetings!
Welcome to your February edition of Charity Law Insights for 2012.
February is shaping up to be an interesting month for charities as the Parliamentary Committee on Finance begins its investigations into the charitable sector. While the committee will meet until late April, much of the charity sector leadership has been engrossed in making submissions and co-ordinating information for the committee. Drache Aptowitzer LLP will be participating in the committee's hearings and monitoring the situation on behalf of the sector.
As usual, we are happy to present the latest offerings from Drache Aptowitzer LLP's team. If you have any questions or comments please feel free to contact any one of us.
Happy New Year to all of our readers..
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Yours truly,
Drache Aptowitzer LLP | | | |
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Non-Profits in a Nutshell
A recently published CRA letter which deals with the indicia of a non-profit organization under paragraph 149(1)(l) offers nothing particularly new but does, in our view, give a succinct outline of the administrative rules.
In general terms, paragraph 149(1)(l) of the Act provides that the taxable income of an organization is exempt from tax under Part I of the Act for a period throughout which the organization meets all of the following conditions:
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RCAAAs Welcome to the Club
 No sooner had the New Year started than the Canada Revenue Agency, Charities Directorate ("CRA") was putting out information on their website to help registered Canadian amateur athletic association ("RCAAA") comply with their new responsibilities arising out of Budget 2011. These RCAAA organizations have, as their exclusive purpose and function, the promotion of amateur athletics in Canada on a nation-wide basis. Like most other charities have had to do for years, RCAAA have to become familiar with the rules about operating their charities and learn how their charitable status can get revoked if they are not careful.
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Thoughts on Improving the Incentives to Give

Most people in the sector are aware (or perhaps petrified) of the Parliamentary committee investigating charitable donation incentives. The committee invited submissions on charitable donation incentives, and several worthwhile submissions were made (available on the Parliamentary website). We too have made a submission (available here) and the author has been invited to appear in front of the Parliamentary committee to discuss our comments. Given the importance of the committee's inquiry generally, we are taking the time to provide this précis of our thoughts.
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