The New Qualifying Disbursement Regime And Healthcare Charities

CP
Carters Professional Corporation
Contributor
Carters Professional Corporation
For a more detailed commentary see the Charity & NFP Law Bulletin No. 524 Information is current as of February 9th, 2024, but subject to change...
Canada Corporate/Commercial Law
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INTRODUCTION & OVERVIEW

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A. SETTING THE STAGE

  • Implementing effective healthcare philanthropy requires a working knowledge of what healthcare charities can and cannot do with the funds that they raise 
  • In this regard, many healthcare charities may need to work with other organizations from time to time in order to achieve their charitable purposes 
  • When those other organizations are Canadian registered charities or other types of qualified donees ("QD") listed in the Income Tax Act ("ITA"), it is possible to do so because a Canadian registered charity is able to make gifts to other QDs 
  • However, when a healthcare charity is wanting to work with an organization that is not a qualified donee ("Non-QD"), compliance issues become more challenging 
  • Examples of working with Non-QDs could include:
    • A healthcare charity wanting to fund a community health initiative run by a community organization that is a Non-QD
    • A hospital foundation with broad community purposes wanting to make a grant to a local indigenous healthcare charity that is a Non-QD
  • As a result of amendments to the ITA on June 23, 2022 (Bill C-19), there is now a new option of making qualifying disbursements to Non-QDs in the form of either a "gift" or "otherwise making resources available" as discussed below ("Qualifying Disbursement Regime") 
  • The CRA describes this as making a "grant" to a Non-QD 
  • CRA released a draft guidance on November 30, 2022 ("Draft Guidance"), followed by the release of its final guidance on December 19, 2023, CG-032 Registered charities making grants to non-qualified donees ("Final Guidance") 
  • The Final Guidance is a significant rewrite of the Draft Guidance
  • This presentation reviews the following:
    • What the new Qualifying Disbursement Regime involves 
    • A brief overview of key aspects of the Final Guidance
    • Issues to consider with the Qualifying Disbursement Regime 
    • How the new Qualifying Disbursement Regime compares to the existing Own Activities / Direction & Control Regime ("Own Activities Regime") 
    • Some practical comments that healthcare charities may want to consider

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The New Qualifying Disbursement Regime And Healthcare Charities

Canada Corporate/Commercial Law
Contributor
Carters Professional Corporation
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