Tax & Law

Annual T-Slip Deadline – February 29, 2012

Staff Post
By Heather Young 

The annual payroll reporting deadline is looming. T4 and T4A slips must be filed by Wednesday, February 29, 2012.

T4 Slips

In preparation, you should reconcile your payroll accounts: make sure that the balance on your PD7A form (i.e. the total source deductions that the government acknowledges receiving) matches the total of the cheques you issued.

Conduct your own “pensionable and insurable earnings review.” The Canada Revenue Agency (CRA) checks this for every filer. Before you submit your T4s, you should confirm that the correct CPP and EI amounts were withheld, and were properly matched with employer contributions. If you find any shortage, it needs to be accrued to the employee record and remitted to the CRA.

Review your company’s employment relationships for any taxable benefits. Taxable benefits are items above and beyond payroll that have a value for employees, and that the CRA considers taxable income. Check this page on the CRA website for information about cell phones, parking, transit passes, insurance, gifts and other benefits.

Taxable benefits should be processed on a pay period by pay period basis, as required by law. If you’ve overlooked something, though, be sure to record it and remit the appropriate taxes at payroll year-end.

T4A Slips

Here’s the CRA’s word on when you need to issue T4A slips.

For small not-for-profits, including arts organizations, the most common requirement is to document “fees or other amounts for services.” This includes freelancer and self-employed contractor fees and, indeed, fees paid to any unincorporated business. (That is, cases where the fees are to be reported on a personal income tax return.)

Amounts paid to freelancers are to be reported on Box 48 of the T4A slip.

Here’s what the Canadian Payroll Association says about T4As: “The CRA is currently conducting a review of the types of payments that payers will be required to report in this box (i.e. Box 48). While this reporting requirement may be expanded in the future, it currently applies only to payers of independent or self-employed contractors, who should report any fees (excluding GST/HST) on the T4A using Box 48.”

Late filing

The penalties for late filing of T4 and T4A information returns can be found here on the CRA website.

Questions? Please contact us or comment below and we’ll do our best to help!

Municipal Property Tax Rebate for Ontario Charities – Prepare to File on February 29, 2012

Staff Post
By Heather Young 

Don’t miss out!

February 29, 2012 should be circled in your calendar for more than just T-slip filing.

Under Ontario law, municipalities must offer a rebate of at least 40% of property taxes to charities that occupy commercial or industrial property. Municipalities can rebate up to 100% of the tax if they wish, and can also offer rebates on other classes of property.

Charities should contact their local municipality, and/or consult its website to learn how to apply for this money.

Toronto registered charities that occupy commercial or industrial property may be eligible for a rebate of 40% of property taxes paid if they meet the eligibility requirements, as outlined in Section 329 of the City of Toronto Act, 2006.

A description of Toronto’s program and application form can be found on this page on the City of Toronto website.

Don’t wait till the last moment!

Leave yourself plenty of time to round up the documentation and complete the form. Requirements vary, but may include securing a letter from the Canada Revenue Agency Charities Directorate confirming your registration status, plus a letter and/or tax information from your landlord.

You can apply for these rebates every year on the last day of February after the tax year in question.

Rebuttal to Toronto Star article “Audit of charities encounters resistance”

Staff Post
By Katie Chasowy 

In a week of stories involving several Greater Toronto Area charities being stripped of their charitable status, the Toronto Star also published a story by Raveena Aulakh and Amy  Dempsey on Tuesday, November 15, 2011 with the headline “Audit of charities encounters resistance”. The article begins by accusing several large Canadian charities of not being transparent because they do not post their audited financial statements on their website and refused to give their statements to an “independent agency that evaluates charities”. This independent agency, Charity Intelligence, also coincidentally was launching their new website on the same day that this article was published. The article also criticized charities for spending too much on fundraising and having too much cash in the bank, then published the names of several organizations deemed to be serious offenders.

I had a very strong reaction upon first reading this article and spent the next few days thinking about how to respond. I was happy to see that Mark Blumberg of the Canadian Charity Law website had posted a reaction to the Toronto Star article. Blumberg agrees that charities must be transparent, but shares many of my concerns with this article. His post is definitely worth a read and includes many helpful links about transparency in charities around the world, non-compliance with the CRA, and CRA fundraising ratios.

Here are the main points that I took issue with in the Toronto Star article (emphasis mine):

Nineteen of Canada’s 100 largest charities do not release their full audited financial statements to the public and refused to provide them to an independent agency that evaluates charities.

Later in the article Greg Thomson, the director of Charity Intelligence, ponders why certain organizations didn’t respond to their request for financial statements.

“There could be a number of reasons,” Thomson told the Star in an interview. “In some cases, it’s not high priority for them . . . others probably wondered who we are. Some might worry that someone will find something.”

Charities are not legally bound to disclose their audited financial statements to the public, but it is considered ethical to do sobecause they take in public dollars, Thomson said.

“If a charity is not transparent, you may as well reconsider donating.”

Charities do disclose their financial data publicly in their annual T3010 filing with the Canada Revenue Organization. Every organization in this country that is a charity has their recent and past (up to 10 years in some cases) financial information available online from the CRA’s website. As Mark Blumberg points out, many organizations release their financial statements, either summarized or in full, on their own website.

Accusing charities of not being transparent because they didn’t respond to a website’s request for statements and then later implying that you should reconsider donating is quite problematic. Of course you should do research into an organization before donating, but just because you can’t find their statements on the charity’s website does not mean there is a serious enough transparency issue that you should not donate. If you have questions into an organization’s finances, ask the organization directly. If the organization is large enough to have a development department, start there. If not, ask the administrative staff or managing/executive director.

One-quarter of the top 100 charities* have enough cash on hand to run their current programs for three or more years without having to fundraise another penny.

[Charity Intelligence] does not advise against donating to charities with large reserve funds but it does tell donors who don’t want their money to sit in a bank account for several years to go with a charity that has a more immediate need.

“Every charity has a cash cushion,” Trypuc** said. “What we’re questioning is how much of a cash cushion they need.”

* “Top 100 charities” as deemed by Charity Intelligence criteria. Mark Blumberg points out, These are not the largest charities in Canada in terms of revenue or assets.  These are the 100 charities that have been identified by Charity Intelligence (“CI”) as “Canada’s Major 100 Charities” and as having received the largest fundraising revenue.
** Bri Trypuc is in charge of Donor Services for Charity Intelligence. Yes, Charity Intelligence is also a charity. You can donate to themhere.

Yes, every organization does need a cash cushion. These cushions allow an organization to be sustainable and carry forward with their programming even in hard times. Having a large reserve, however, does not necessarily mean that donation dollars are being squirreled away in the bank. Reserve funds are partly for overall sustainability, but also for larger projects whether they be capital or programming.  Reserve funds could also be endowment funds that are actually earned revenue streams via interest. If you’re concerned about where your donation is going, the best way to find out is to ask the organization how your donation will be spent.

Websites such as Charity Intelligence, when used critically, can be very useful tools for deciding where to donate your money, but should not be used on their own. Research into a charity should include sites like this, but should not replace building your own relationship with a charity by asking them questions directly.

Finally, I think one of the most concerning aspects of this article is that it was published on the same day as the Charity Intelligence website launch, however, the article uses no other resources to support its claims. While transparency and direction of donor dollars are important issues, essentially accusing several large organizations of not being transparent and wasting donation dollars to promote a website and organization that is itself a charity raises some interesting questions about transparency and ethics as well.

Reaction to Charity Intelligence:

Toronto Star article “Audit of charities encounters resistance” by Mark Blumberg on Canadian Charity Law.

Charity Intelligence: Transparent on Transparency? by Andy Levy-Ajzkenkopf on Charity Village.

Have a comment on this staff post? Contribute to the conversation on our discussion board.

 

UPDATE:

September 21, 2012: According September 15th’s Canada Gazette (p2662), Charity Intelligence has been sent a notice to revoke their Charitable Status because they haven’t met the filing requirements of the Income Tax Act. (Heard through Charity Village).