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Registering with Canada Revenue
Agency
The registration of an organization as a charity is an involved process and
decisions must be made on a wide variety of topics. The application and its
process require the officers, directors and members of the organization to think
through what its objects and activities are going to be. Registration is only
the beginning of the relationship of continued compliance with Canada Revenue
Agency. Organizational Requirements
To be eligible for registration, a charity must be established exclusively
for charitable purposes, as broadly defined. The objectives of the charity
cannot be so broad, however, that non-charitable activities are permitted. The
courts have classified charitable objectives into four categories:
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The relief of poverty;
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The advancement of religion;
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The advancement of education; and
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Other purposes beneficial to the community which the courts have decided
are charitable
A charity must also meet the public benefit test to demonstrate that:
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Its activities and purposes provide a tangible benefit to the public
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Those people who are eligible for benefits are either the public as a
whole or a significant part of the public as a whole. They cannot be a
restricted group or where the members of the group share a private
connection, such as a social club or professional association; and
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The activities must be legal and cannot be contrary to public policy
(Charities and Not-for-Profit Fundraising Handbook. Donald J. Bourgeois,
p.142)
To Register
Prescribed forms must be completed and sent to Canada
Revenue Agency. Certain documents must also be filed providing complete details of the
charities activities, a copy of the governing documents, the balance sheet, and
the statement of receipts and disbursements, or, if the charity is not in
operation, the budget for the first year of operation.
"Application Kit to Register a Charity" published by
Canada Revenue Agency - T2050, available free of charge, will provide you with all
the information and forms to register as a charity. To contact a tax services
office in your area, see the telephone listings for "Canada Revenue Agency" in the Government of Canada (blue section) of the telephone
book or call 1-800-959-2221 to request the application kit. You may also visit
the nearest Canada Revenue Agency. In Edmonton this office is
located at Canada Place, 9700 Jasper Avenue; in Calgary at
220-4th Avenue South East. You may also visit the Canada
Revenue Agency web site at
www.cra-arc.gc.ca
Factors for Disqualification
The income tax act states that a charitable organization must devote all of
its resources to its own charitable activities. An organization will not qualify
for charitable status if it does not meet this requirement.
An organization will also fail to qualify for charitable status if it seeks
to achieve political objectives, in whole or in part.
Reasons for Revoking Charitable Registration
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The failure to conform to the minimum disbursement quota
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The carrying on of a business activity that does not qualify as a related
charitable business
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The failure to file the required information returns in the prescribed form
and time period
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The issuance of a receipt containing false information
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The failure to keep adequate books and records.
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