Tis the season (for grant deadlines)!

With grant deadlines galore falling in the winter and early spring, many arts managers are poring over budgets and reports for funders – while at the same time juggling the demands of artistic programming in full swing.

These can feel like “weeks of reckoning” where you’re justifying your existence to grantors while working like crazy to maximize today’s successes.

If you’re run off your feet and wondering why you chose this crazy business, check out this short excerpt from Finance for the Arts in Canada, which may help provide some perspective on budgeting an the real world:

The ability to stick to a budget is held as an important benchmark: it’s senseless to invest a lot of time and energy into a plan that’s going to be discarded the moment things change. However, rigid management stifles creativity, and extreme meticulousness can produce needless bureaucracy. The degree of rigour beneficial to a given company depends on factors such as its size and complexity, the risk inherent in its programming (e.g., a choreographic workshop or artist-run centre may need more flexibility than a classical ballet company or major art museum), the skill level of decision-makers, and the attitudes and preferences of the leadership.

Managers are expected to know how to implement a budget (that is, to follow the script, as it were, by setting activities in motion, making the planned purchases and generating the targeted revenues). A complementary expectation is that managers will have the “chops” to manage change while maintaining stability. No year goes fully according to plan — not ever! When confronted by the unexpected, leaders are expected to step up and decide what to do next. These expectations, by the way, come from all directions. Volunteer board members look to paid managers for expertise. Senior staff look to the director for coordination, and more junior staff to managers for specific instruction on what to do.

When you take on a financial management role, you agree not only to balance the demands of a script (your budget) against the exigencies of daily life (the improv element), but also to do so while responding to the expectations of colleagues, your employer (the board) and perhaps other stakeholders. With so many factors at play, it is clear that to thrive, an organization needs more than a skilled manager, it needs recognized and shared processes that provide a framework for adapting to circumstances. In the absence of functional collaboration amongst staff members and between the board and staff, the best financial manager can be thwarted. A productive combination of smarts and structure equips the organization to move forward. An outcome may differ from expectations, but if there’s general agreement that contingencies were handled as well as possible, then the result may be considered a success.

From Finance for the Arts in Canada, Volume 2: Financial Management; Chapter 4: Managing Successfully Throughout the Year

Employer Obligations for the Upcoming Ontario Election

It's voting time in Ontario! Our next election is taking place on February 27. What are your obligations as an employer? Hicks Morley points out the following:

  • Under the Ontario Election Act, all employees who are Canadian citizens, 18 years of age or older, and residents of Ontario are entitled to three consecutive hours to cast their vote on election day

  • Where an employer must provide time off to an employee so they can vote, the employer may not make any deduction from the employee’s pay or impose any form of penalty.

  • If an employee is a returning officer or is appointed by a returning officer to be a poll official, and they request leave for this role at least seven days prior to the commencement of the leave, the employer must provide unpaid time off for the employee to fulfil this role.

Read more about employer obligations to employees during elections on the Hicks Morley website

Top Compliance Issues from the CRA Charities Directorate

As part of the quarterly updates from the Charities Directorate, the CRA notes their top compliance issues from the 2023/24 year. We've summarized them here for you!

Books and records

Reason to educate - minor errors:

  • Non-material and/or unintentional errors and/or omissions in the books and records

  • Not having a travel log to support minor expenses

  • Not maintaining a copy of current governing documents

Examples of high-risk non-compliance:

  • Having no books and records available

  • Refusing to provide books and records

  • Committing culpable conduct (falsified books and records)

Official donation receipts

Reason to educate - missing minor elements:

  • A statement that it is an "official receipt for income tax purposes"

  • The place or locality where the receipt was issued

  • The name Canada Revenue Agency and the website address (canada.ca/charities-giving)

Examples of serious non-compliance:

  • Issuing falsified/fraudulent/inflated receipts

  • Issuing receipts for services

  • Lending registration number to other organizations

T3010 information return

Reason to educate - unintentional minor errors:

  • Allocating fundraising expenses to the wrong reporting line

  • Incorrectly reporting line 5010 “Total expenditures on management and administration”

Examples of intentional/serious errors:

  • Significant inaccuracies, beyond what is reasonably considered minor*

  • Willfully omitting information from the T3010 and/or financial statements

  • Failing to file a return as and when required (which results in a revocation for failure to file)

*Opportunities for the Disabled Foundation v MNR, 2016 FCA 94 at paras 50-51.

CRA typically addresses minor errors without an audit, through communications like education letters.

Audits tend to be reserved for situations where a high risk of potential non-compliance has been identified. CRA uses stronger corrective measures, such as sanctions or revocations, in cases of serious non-compliance.

If you’re concerned about the compliance of your books and records, read Finance for the Arts in Canada to learn all about best practices for keeping your books up to date and accurate.

2024 Charitable Donation Deadline Extension Update

Recently, there's been some confusion around the announced extension of the deadline for making charitable donations eligible for tax support in the 2024 tax year. The extension allows individuals to include donations made between Jan 1 and Feb 28, 2025 on their 2024 tax returns. The Canada Revenue Agency (CRA) recently sent out an update on this matter which can be found here: Extension of the deadline for making 2024 charitable donations.

According to this CRA guidance, individuals may claim the eligible amount of certain gifts made to charities or other qualified donees up to February 28, 2025, on their 2024 personal income tax and benefit return. The gift must be in the form of cash, or transferred by way of cheque, credit card, money order, or electronic payment.

More importantly for our clients, CRA states that charities can issue receipts as normal according to receipting rules, and the CRA will work on their end to administer the extension. Charities are not required to issue official donation receipts specific to the extension period; however, they may wish to do so as a courtesy to its donors, especially if they generally receive only one annual receipt for multiple donations.

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Charity Oversight and Compliance in the News

A recent Toronto Star/Investigative Journalism Bureau article has revealed discrepancies between a Canadian cancer charity's claims about its charitable spending in its T3010 and its actual financial records. Mark Blumberg has shared his comments on the article, and offers further analysis on his website, CanadianCharityLaw.ca.

Blumberg notes that the Canada Revenue Agency (CRA) only audits a small fraction of charities each year—around 200—which limits the ability of the public to trust that issues are being effectively addressed. He also points out the CRA’s inability to publicly comment on its audits unless a charity faces penalties, suspension, or revocation. Even if the CRA audits a charity and finds no wrongdoing, they still cannot comment on the situation.

Blumberg urges charities to prioritize compliance and transparency to maintain public trust and avoid potential regulatory scrutiny.

Compliance and transparency arise from expertly managed internal systems that respond to regulatory requirements. 

Young Associates’ bookkeeping and payroll professionals can assist your organization in navigating the complexities of financial reporting and CRA compliance while supporting you and your board of directors in achieving best practices. .

To hone your financial statement reading skills, considering ordering a copy ofFinance for the Arts in Canada!

GST/HST Holiday Tax Break

Bill C-78, the Tax Break for All Canadians Act, has been adopted by the House of Commons and is now before the Senate. The Bill proposes a temporary GST/HST tax break on food, beverage, books, children’s supplies, toys, and holiday decorations. 

If passed by the Senate, the tax break would begin on December 14, giving little time for businesses to implement the point of sale and accounting system changes required to action the tax break. 

We’ve highlighted sections of the guidance most likely to impact organizations in our sector, and have provided our own guidance on how to implement changes to your accounting processes so you’ll be prepared when the tax break comes into force.

You can read the Government of Canada’s explainer through this link: GST/HST holiday tax break - Canada.ca 

Overview

The program requires businesses to stop charging GST/HST on qualifying goods at checkout as of December 14, 2024. It is set to run until February 15, 2025. Businesses are responsible for not charging GST/HST on qualifying goods during this period.

This measure temporarily zero-rates supplies of the qualifying goods and services, meaning the tax rate charged on these items during the specified period is 0%. Businesses registered for GST/HST can still claim back the tax they paid on expenses related to these exempted items, as long as the goods or services meet the qualifying criteria.

What is impacted?

The following types of items qualify for the GST/HST holiday tax break:

  • Children's clothing and footwear

  • Children's diapers

  • Children's car seats

  • Children's toys

  • Jigsaw puzzles

  • Video game consoles, controllers, and physical video games

  • Physical books

  • Printed newspapers

  • Christmas and similar decorative trees

  • Food and beverages and related services

We recommend everyone review each category in detail on the Government of Canada’s website: GST/HST holiday tax break - Canada.ca

The two categories our audience is most likely to be affected by are Physical books, and Food and beverages and related services. You can find a full list of details on what qualifies and what is excluded at the bottom of this email.

Qualifying items also must both be paid for in full and delivered/made available to the buyer during the period from December 14, 2024 to February 15, 2025.

When making purchases

Businesses will be responsible for implementing the tax break, and as a shopper, you will automatically receive this tax break on the qualifying things you buy. There will be no GST/HST charged on the item when you make your purchase.

If you receive an invoice or bill for a qualifying item during the period that includes GST/HST, we recommend contacting the supplier and requesting an updated invoice.

When making Sales

Make sure to use the zero-rated tax code when selling qualifying products during the holiday period.

If you are using a point of sale (POS) system like Square, Shopify, etc., you will need to make sure that the tax code assigned to each qualifying item is set to zero-rated.

Using the zero-rated codes will ensure that Input Tax Credits (ITCs) can still be applied against your total taxes payable for the period.

Books and Food & Beverage detailed breakdown

These items qualify as physical books and would have no GST/HST charged:

  • Most published, printed books (hardcover or softcover)

  • Updates of printed books

  • Guide books, and atlases that do not mostly contain street or road maps

  • Magazines and periodicals (that have no more than 5% of their printed space devoted to advertising) supplied by subscription, if all the consideration is paid during the relief period and only for those magazines or periodicals that are delivered during the relief period

  • Physical audio recordings of printed books, if 90% or more of the recording is a spoken reading of a printed book, including abridged versions (for example, a cassette, compact disc, or reel-to-reel tape version of a published book)

  • Physical recordings of a performance of a published play

  • Bound or unbound printed versions of scripture of any religion, such as the Quran, the Bible, prayer books, missals, hymn books, and Torah scrolls

  • Illustrated versions of religious scriptures (for example, comic book versions)

  • Printed books that are wrapped or packaged for sale as a single item with a physical read-only medium that is made up of either a reproduction of the printed book or material that makes specific reference to the printed book

These items would not qualify as physical books and would still have GST/HST charged:

  • E-books

  • Downloadable audio books and e-audio books

  • Magazines and periodicals that are not purchased by subscription or that have more than 5% of their printed space devoted to advertising

  • Books designed primarily for writing on, such as address books, diaries, journals, and notebooks

  • Colouring books, scrapbooks, sticker books, sketchbooks and albums for photographs, stamps or coins

  • Brochures, pamphlets, catalogues and advertising material

  • Warranty booklets and owner's manuals

  • Agendas and calendars

  • Certain directories and collections of street or road maps

  • Cut-out and press-out books

  • Collections of patterns, stencils, or blueprints

  • Programs for events or performances

  • Rate books

  • Recordings of performances of musical scores

  • Recordings of unpublished manuscripts

  • CD-ROMs, DVDs, and Blu-ray discs with textual or visual information


These food and beverage related items would qualify and have no GST/HST charged:

  • Restaurant meals, whether dine-in, takeout, or delivery (including meals at cafés, pubs, food trucks, and other food and beverage establishments)

  • Prepared foods including sandwiches, salads, vegetable or cheese platters, and pre-made meals

  • Snacks including chips, candy, baked goods, fruit-based snacks, and granola bars

  • Non-alcoholic drinks, such as coffee, tea, carbonated drinks, juices, and smoothies

  • Beer and malt beverages

  • Wine, cider and sake (including fortified) that are 22.9% alcohol by volume (ABV) or less

  • Spirit coolers and premixed alcoholic beverages that are 7% ABV or less

  • Catered meals, including the catering fee for providing, preparing, or serving qualified food and beverages

These items would not qualify and would have GST/HST charged:

  • Food or beverages sold from a vending machine

  • Alcoholic beverages (other than beer, malt beverages, wine, cider, and sake) with more than 7% ABV

  • Dietary supplements

  • Cannabis products, even if they are food or beverages

  • Other items that do not qualify as food or beverages for human consumption (for example, pet food)

If you have any questions, please feel free to reach out to us and we’d be happy to provide an advisory call to support you!


The above is a version of a recent edition of Young Associates’ newsletter. Yu can sign up for our newsletter list at the link at the bottom of this page.