Income Tax Regulations (C.R.C., c. 945)

Regulations are current to 2014-12-08 and last amended on 2014-06-19. Previous Versions

PART XXXVIIREGISTERED CHARITIES

[SOR/94-686, s. 51(F)]

 [Repealed, 2010, c. 25, s. 83]

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/87-632, s. 1;
  • SOR/94-686, ss. 51(F), 73(F);
  • 2007, c. 35, s. 75;
  • 2010, c. 25, s. 83.

Disbursement Quota

  •  (1) For the purposes of the description of B in the definition “disbursement quota” in subsection 149.1(1) of the Act, the prescribed amount for a taxation year of a registered charity is determined as follows:

    • (a) choose a number, not less than two and not more than eight, of equal and consecutive periods that total twenty-four months and that end immediately before the beginning of the year;

    • (b) aggregate for each period chosen under paragraph (a) all amounts, each of which is the value, determined in accordance with section 3702, of a property, or a portion of a property, owned by the registered charity, and not used directly in charitable activities or administration, on the last day of the period;

    • (c) aggregate all amounts, each of which is the aggregate of values determined for each period under paragraph (b); and

    • (d) divide the aggregate amount determined under paragraph (c) by the number of periods chosen under paragraph (a).

  • (2) For the purposes of subsection (1) and subject to subsection (3),

    • (a) the number of periods chosen by a registered charity under paragraph (1)(a) shall, unless otherwise authorized by the Minister, be used for the taxation year and for all subsequent taxation years; and

    • (b) a registered charity is deemed to have existed on the last day of each of the periods chosen by it.

  • (3) The number of periods chosen under paragraph (1)(a) may be changed by the registered charity for its first taxation year commencing after 1986 and the new number shall, unless otherwise authorized by the Minister, be used for that taxation year and all subsequent taxation years.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/87-632, s. 1;
  • SOR/94-686, s. 51(F);
  • 2010, c. 25, s. 84.

Determination of Value

  •  (1) For the purposes of subsection 3701(1), the value of a property, or a portion of a property, owned by a registered charity, and not used directly in charitable activities or administration, on the last day of a period is determined as of that day to be

    • (a) in the case of a non-qualified investment of a private foundation, the greater of its fair market value on that day and its cost amount to the private foundation;

    • (b) subject to paragraph (c), in the case of property other than a non-qualified investment that is

      • (i) a share of a corporation that is listed on a designated stock exchange, the closing price or the average of the bid and asked prices of that share on that day or, if there is no closing price or bid and asked prices on that day, on the last preceding day for which there was a closing price or bid and asked prices,

      • (ii) a share of a corporation that is not listed on a designated stock exchange, the fair market value of that share on that day,

      • (iii) an interest in real property or a real right in an immovable, the fair market value on that day of the interest or right less the amount of any debt of the registered charity incurred in respect of the acquisition of the interest or right and secured by the interest or right, where the debt bears a reasonable rate of interest,

      • (iv) a contribution that is the subject of a pledge, nil,

      • (v) an interest, or for civil law a right, in property where the registered charity does not have the present use or enjoyment of the interest or right, nil,

      • (vi) a life insurance policy, other than an annuity contract, that has not matured, nil, and

      • (vii) a property not described in any of subparagraphs (i) to (vi), the fair market value of the property on that day; and

    • (c) in the case of any property described in paragraph (b) that is owned in connection with the charitable activities of the registered charity and is a share of a limited-dividend housing company referred to in paragraph 149(1)(n) of the Act or a loan, that has ceased to be used for charitable purposes and is being held pending disposition or for use in charitable activities, or that has been acquired for use in charitable activities, the lesser of the fair market value of the property on that day and an amount determined by the formula

      (A / 0.035) x (12 / B)

      where

      A 
      is the income earned on the property in the period, and
      B 
      is the number of months in the period.
  • (2) For the purposes of subsection (1), a method that the Minister may accept for the determination of the fair market value of property or a portion thereof on the last day of a period is an independent appraisal made

    • (a) in the case of property described in subparagraph (1)(b)(ii) or (iii), not more than three years before that day; and

    • (b) in the case of property described in paragraph (1)(a), subparagraph (1)(b)(vii) or paragraph (1)(c), not more than one year before that day.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending Acts and regulations. SOR/87-632, s. 1;
  • SOR/94-686, ss. 22(F), 51(F), 73(F), 79(F);
  • 2007, c. 35, s. 76;
  • 2010, c. 25, s. 85.