All About Estates

Category: Charitable Giving

Total 43 Posts

Is a Sale for $1 the Same as a Gift?

Most transactions between parties not at arm’s length with each other (often described as related parties, such as family members), the parties to the transaction are subject to a one-sided adjustment where the transaction proceeds does not equal fair market value (“FMV”). If the price exceeds FMV, then the cost…

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Advantages and Disadvantages of Charitable Remainder Trusts[1]

A charitable remainder trust is an underutilized philanthropic tool where a charity is given a future monetary benefit, while the donor receives immediate tax relief in respect of the charitable contribution. Typically, a donor irrevocably contributes property to a trust for the lifetime of a beneficiary, with a charity being…

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Estate donations, Time and Flexibility

Last week I visited Princess Margaret Cancer Centre in Toronto for a grant status update meeting with a family foundation. I used to work at the Princess Margaret Cancer Foundation, but left 20 years ago. Returning after two decades provided me perspective on two key charitable estate planning considerations: time…

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Charitable Donations – What Do You Get in Return?

Each December, we are reminded that this is the season of giving. As we are encouraged to lend our support to worthy causes, it is helpful to understand the extent to which donors can control the use of their funds and oversee the direction of a charitable project. Meddling in…

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In the Wake of Canada Without Poverty: Next Steps for Charities and Political Activities

Today’s blog comes to you from Student-at-Law, Jake Woloshyn In the 2018 Ontario Superior Court of Justice case, Canada Without Poverty v AG Canada, 2018 ONSC 4147 (Canada Without Poverty), Morgan J. held that the Canada Revenue Agency (CRA) interpretation of the ‘substantially all’ condition in s. 149.1(6.2) of the…

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Charitable Matching Funds

As a fundraiser at a university in the early 1990s I discovered that a primary extra incentive for major charitable gifts is matching funds.  Typically from government sources, matching funds are compelling to donors and important fundraising tools for a lucky few charities.  Unfortunately they create an uneven playing field in…

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Attorney compensation and then some…..

I had the pleasure last week of being a panelist as part of the Canadian Association of Gift Planner’s mentoring & education breakfast, on the topic of Ethics. When I had previously thought of ‘Gift Planning’ I was only considering the Will component, the gift left to a particular charity,…

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Intrinsic v. Extrinsic Giving

There is a fundraising truism that says you don’t get money unless you ask for it. But as estate planning professional know that’s not always true. A difference between lifetime gifts made directly to charity and estate donations is motivation. Often lifetime gifts are extrinsically motivated; estate donations are more…

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A Gift is a Gift

We often write about the benefits (and some pitfalls) of gifting, before and after death. Personally, when I recommend gifting, I assume that unless there are specific outcomes required to realize on the gift, a gift is exactly that, a gift – something transferred voluntarily without expectation of getting it…

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Gift of securities by executors of a will

The Canada Revenue Agency provided its views regarding the income tax implications of a gift made by executors of an estate of a deceased individual. The taxpayer died in 2016.  His Will named his three sons as equal beneficiaries and co-executors, with no designation of amounts to be given to…

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