Estate Donations

Total 88 Posts

Donor Advised Funds are not Trusts

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A common misconception about donor advised funds is that they are trusts, charitable purpose trusts.  At times, lawyers, especially those with expertise in trusts and estates, struggle with this distinction, as do donors.  In 2023, this issue came to the forefront when Canadian charities briefly thought they might need to report on certain funds under trust reporting rules.  Although donor advised funds have trust-like features, most are not trusts. This….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Trusts

The new charity funding crisis

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Charities do not exclusively depend on donations, despite popular perceptions to the contrary. In Canada, government funding and earned revenue contribute more to registered charities than donations.  Both these types of low-key funding are under pressure, enough so that we will soon witness some large charities shrink or even collapse. Now, it’s true that a high percentage of charities get most of their income from donations, but these organizations are….

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Estate Donations, Philanthropy/Charitable Giving

TAX CONSIDERATIONS FOR GIFTS OF SHARES IN CANADA

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Gwenyth Stadig, Natasha Barrett, Upama Poudyal, Abdullah Khalid, Amber LeBlanc all of Gowling WLG (Canada) LLP Canadian donors can donate a variety of types of property to “qualified donees” which gift can be eligible for donation tax credits. Subsection 149.1(1) of the Income Tax Act (“ITA”) defines the term “qualified donee” (“QD”) to include Canadian registered charities. The Canada Revenue Agency (“CRA”) maintains a list of QDs here. The nature….

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Canada Revenue Agency, Charitable Giving, Estate Donations, Interest, International, Investments, IRS

The Two-Charity Structure

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In its Income Tax Act, Canada has two basic types of registered charity: charitable organizations and foundations.  These charity types are often paired to work together in a complementary fashion – ying and yang – to achieve shared purposes. This article is a short primer on the prevalence of this structure and how it can be used for charitable planning. Doing and Funding Charitable organizations are the most common charity….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Charities have Fiduciary Duties as Estate Beneficiaries

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I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized
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