ARTICLE
25 September 2018

Highlights Of Recent Developments In Non-Profit And Charities

GR
Gardiner Roberts LLP

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Gardiner Roberts LLP is a full-service law firm representing a bespoke client base, including major banks, municipalities, government entities, entrepreneurs, tech and growth companies, real estate developers, lenders, investors, innovative and community leading businesses and organizations.
CRA position on members as shareholders and benefit issues
Canada Corporate/Commercial Law
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Non‐share Corporations to hold Personal Assets

  • perpetual existence
  • no twenty‐one year rule
  • avoid estate administration tax
  • defer capital gains tax
  • flexibility
  • Lash case involving family dispute
  • CRA position on members as shareholders and benefit issues
  • need for tailor‐made by‐laws, "lease" payments, etc.

Charitable Donation "Schemes"

  • previous jurisprudence says no credit or deduction for cash portion of "donations" under "buy‐low donate high arrangements"
  • arrangement treated as an "investment" rather than gift with donative intent
  • recent Cassan decision of TCC reviews earlier cases and law and finds in favour of taxpayers to limited extent
  • under appeal to FCA

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