The Folly of Endowments?
Malcolm Burrows Malcolm Burrows

The Folly of Endowments?

Endowments are an important funding mechanism within the charitable sector, but we have gone through a period where we have built up the mythology of endowments without adequate critical reflection. There are other funding models, such as Schulich’s high-payout funds and spend-down funds. Capital can also be invested in enterprises that produce both monetary as well as mission return. Can we make better use of our charitable capital?

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An Argument for Spend-down Funds
Malcolm Burrows Malcolm Burrows

An Argument for Spend-down Funds

The middle ground between the immediately expendable fund and the perpetual endowment is the spend-down or time-limited fund. They are now offered by institutional charities as well as public foundations with donor advised funds. A “spend-down” fund is created with a single large gift, but expended within a defined period of time for maximum philanthropic benefit. With estate gifts the timetable is built in upfront. For example, the fund may pay out in equal instalments over ten years.

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Canadian Charities Working Internationally
Malcolm Burrows Malcolm Burrows

Canadian Charities Working Internationally

This March 2015 article was published in The Philanthropist Journal when I was co-editor. It is the introduction to an influential series on Canadian Charities Working Internationally, which eventually led to new rules that enable grants to non-qualified donees in the Income Tax Act 2022. These rules also apply to grants to other entities carrying out charitable work, such as Canadian not-for-profit organizations.

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Donations & AMT -          CD Howe Institute Intelligence Memo
Malcolm Burrows Malcolm Burrows

Donations & AMT - CD Howe Institute Intelligence Memo

Changes to the Alternative Minimum Tax (AMT) rates and rules are scheduled to take effect on January 1 and for the first time AMT will apply to charitable donations from high-income individuals. This is poor tax policy that will produce unintended community harm, as I recently outlined elsewhere. Intelligence Memo published by CD Howe Institute

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Canadian Charity Law’s Turning Point
Malcolm Burrows Malcolm Burrows

Canadian Charity Law’s Turning Point

In the 1970s, Canadian charity law dramatically evolved and became imbedded in the Income Tax Act.  While this is ancient history, I have personal connections with the drafting Working Group at the Department of Finance that I rediscovered. To my delight, after 45 years, I reconnected with one of the drafters in Ottawa this summer.  Aura (Elliott) Vaucrosson was the mother of one of my childhood friends, Jean-Paul, or JP.  At the time, I had no idea about her professional life, and I couldn’t imagine how it would connect with mine. September 2024

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Fair & Transparent Granting
Malcolm Burrows Malcolm Burrows

Fair & Transparent Granting

A hot topic among charities is anonymous grants from foundations with donor advised funds.  Charities receive grants but they often don’t know the identity of the donor or fund that recommended the grant. It is an important for both foundations and charities to work together to make the process better. May 2024

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CRA’s Online Tools for Charities
Malcolm Burrows Malcolm Burrows

CRA’s Online Tools for Charities

Technology sometimes produces unanticipated consequences.  Witness Canada Revenue Agency.  To its credit, CRA has implemented secure, mostly user-friendly technology over the past 20 years.  For charities this includes online accounts and user-friendly “checklist” tools for charities. Unfortunately, these features sometimes create a special set of challenges for registered charities and testamentary private foundations. March 2024

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AMT & Donations
Malcolm Burrows Malcolm Burrows

AMT & Donations

Changes to the Alternative Minimum Tax (AMT) rates and rules are scheduled to take effect on January 1, 2024. For the first time AMT will apply to charitable donations from high-income individuals, which is worrying for charities and donors. Simply, targeting donations is poor tax policy that will produce unintended community harm. September 2023

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Estate Donations and Non-Qualifying Securities
Malcolm Burrows Malcolm Burrows

Estate Donations and Non-Qualifying Securities

Since the announcement of the “estate donation” rules in the 2014 Federal Budget, there have been a number of amendments that have addressed sector concerns and drafting errors. One unintended consequence in the original estate donation provisions relates to gifts of private company shares.

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Donations involving Private Company Shares and Real Estate
Malcolm Burrows Malcolm Burrows

Donations involving Private Company Shares and Real Estate

The announcement in the 2015 Federal Budget that capital gains would be eliminated on donations involving private company shares and real estate was short on detail. As a result the measure, which would be effective beginning 2017, was not passed by Parliament. In mid-summer, the Department of Finance released the technical details and invited public comment. Feedback is due on September 30, 2015.

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Returning a gift after 36  years
Malcolm Burrows Malcolm Burrows

Returning a gift after 36 years

What’s a charity to do when a donor asks for a gift to be returned?  As my fellow blogger Derek de Gannes recently reported, CRA provided a technical interpretation in response to a charity inquiry relating to life insurance policy donated in 1981.

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Spend-down Charitable Funds
Malcolm Burrows Malcolm Burrows

Spend-down Charitable Funds

Until 2010, the disbursement quota provisions in the Income Tax Act mandated that charities handle donations in one of two ways: for immediate use or held as long-term endowments through the “10-year gift” capital hold mechanism. These binary rules drove donor and charity behaviour. The 2010 reforms provided charities with greater flexibility regarding the acceptance and use of funds. They have also transformed the way major donors plan their philanthropic legacies.

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Journalism and Charities
Malcolm Burrows Malcolm Burrows

Journalism and Charities

The interconnectedness of registered charities and journalism is growing. In this era of digital content explosion and “fake news”, traditional media outlets — especially newspapers — are seeking new ways to serve their communities and survive. Increasingly, public benefit non-profit journalism is becoming a charitable activity. There are estate donors who are interested in supporting this space.

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Ontario Donation Tax Credits - Proposed Rationalization
Malcolm Burrows Malcolm Burrows

Ontario Donation Tax Credits - Proposed Rationalization

The Canadian donation tax credit regime is generous, but opaque and needlessly complex. The March 28, 2018 Ontario Budget proposed a welcome reform for an intricate system. Too bad the idea is from a government that polls predict will likely to be voted out of office in eight weeks.

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Foundations with Donor Advised Funds
Malcolm Burrows Malcolm Burrows

Foundations with Donor Advised Funds

The Special Senate Committee on the Charitable Sector is interested in “donor advised funds” or DAFs. In particular, members of the Committee are suggesting that the Income Tax Act should be changed to require individual funds to have minimum disbursement quotas and separate regulatory reporting. This policy trial balloon is worth debating. If for no other reason than a lot of Canadians now have their philanthropic and estate plans centred on foundations with donor advised funds. 2021

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The Senate Speaks Charity
Malcolm Burrows Malcolm Burrows

The Senate Speaks Charity

It’s hard to underestimate the importance of the Special Senate Committee on the Charitable Sector report to that was released on June 20th. After almost 18 months of hearings and consideration, this once-in-a-generation study came up with 42 recommendation on topics ranging from volunteerism, social enterprise, regulatory system, and judicial review process. There are five recommendations that deal with giving and tax incentives.

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Charitable Remainder Trusts in Canada
Malcolm Burrows Malcolm Burrows

Charitable Remainder Trusts in Canada

The Charitable Remainder Trust (CRT) is a gift planning structure that rarely works in Canada. An import from the U.S. – where it is an integral part of the gift and estate tax regime – the CRT in Canada has fewer tax and planning benefits. It’s a foreign plant that doesn’t thrive in the Canadian soil.

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Tax Shelters and Charitable Intent
Malcolm Burrows Malcolm Burrows

Tax Shelters and Charitable Intent

In early February, the Tax Court of Canada put another nail in the coffin of “one of the biggest tax scams in Canadian history.”

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