Heffel Gallery Limited v. Canada (Attorney General) 2018 FC 605

Cultural Property Donations Update

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[caption id="attachment_6826" align="aligncenter" width="650"] Iris bleus, jardin du Petit Gennevilliers, 1892, Gustave Caillebotte, Art Gallery of Ontario[/caption] The charitable tax incentives for donations of certified Cultural Property – art and artifacts – is the richest in Canada.  Cultural Property donations are exempt from capital gains tax and can be claimed against 100% of the donor’s net annual income over up to six years. The incentive is part of a complex….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Budget 2019: Erosion of Charitable Incentives

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The 2019 Federal Budget was uneventful in terms of charitable incentives (journalism aside), but there are two proposals that will directly affect giving. The first relates to donations of cultural property – especially art with foreign origins – and the second to employee stock options. The former represents the reinstatement of a long-standing incentive, while latter an erosion. Cultural Property First the good news. The Budget reversed a 2018 federal….

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Philanthropy/Charitable Giving, Uncategorized

Cultural Property Tangle: Export v. Donation

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[caption id="attachment_6826" align="alignleft" width="425"] Gustave Caillebotte’s 1892 oil Iris bleus, jardin du Petit Gennevilliers[/caption] How can an export permit affect charitable giving? Quite easily if you are dealing with a foreign art work deemed “cultural property” under Canada’s Cultural Property Export and Import Act (CPEIA). A June 12 Federal Court of Canada decision on the export of French impressionist painting has reportedly frozen donations of “foreign” art to Canadian museums…..

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Philanthropy/Charitable Giving, Uncategorized
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