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Dark Knight / Le Chevalier Noir
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It is possible that the law has since changed. Were you a non-profit back then? If not, that explains the $30k threshold.
We were incorporated as a not-for-profit in Quebec on August 22, 1985 and have also been operating and recognized as a not-for-profit in Ontario since 1993.
IThat leaves the Canadian Open where we need about 300 entries before we cross the $50,000 threshold when we need to start charging HST.
I assume the CO is not organized by the CFC as it's finances go above 50,000. Though that leaves my question in http://forum.chesstalk.com/showthrea...l=1#post101324 still open: who organizes 2016 tournaments - CO, CYCC, NorthAmChamp?
All three tournaments should make more than 50,000 revenue (not profit!) in total for one non-for-profit organization.
#12 A supply made by a public sector body of a membership in, or services supplied as part of, a program established and operated by the body that consists of a series of supervised instructional classes or activities involving athletics, outdoor recreation, music, dance, arts, crafts or other hobbies or recreational pursuits where
(a) it may reasonably be expected, given the nature of the classes or activities or the degree of relevant skill or ability required for participation in them, that the program will be provided primarily to children 14 years of age or under, except where the program involves overnight supervision throughout a substantial portion of the program; or
(b) the program is provided primarily for underprivileged individuals or individuals with a disability.
A similar text is for charities too:
1 A supply made by a charity of any property or service, but not including a supply of
...
(f) a service involving, or a membership or other right entitling a person to, supervision or instruction in any recreational or athletic activity except where
(i) it could reasonably be expected, given the nature of the activity or the degree of relevant skill or ability required for participation in it, that such services, memberships or rights supplied by the charity would be provided primarily to children 14 years of age or under and the services are not supplied as part of, the membership is not in, or the right is not in respect of, a program involving overnight supervision throughout a substantial portion of the program, or
(ii) such services, memberships or rights supplied by the charity are intended to be provided primarily to individuals who are underprivileged or who have a disability;
I am not versed in legal ease...what is the bottom line?
Sorry Larry, I pass :) I have not read the whole act to give you a reasonable advise :) You need to find a tax lawyer (maybe even who passed through your classes/tournaments) be able to explain what is possible for your cases. Also look for who might defend your interpretation of "primary" vs taxman's.
Sorry Larry, I pass :) I have not read the whole act to give you a reasonable advise :) You need to find a tax lawyer (maybe even who passed through your classes/tournaments) be able to explain what is possible for your cases. Also look for who might defend your interpretation of "primary" vs taxman's.
The wonderful thing about Revenue Canada is that they can make up their mind in retrospect ... Even "experts" have a hard time deciding what is the correct interpretation. In the end, the lawyers make money, Revenue Canada makes money and everyone else loses... :(
So chess tournaments like CYCC and CO (even with national champion titles on a stake) are just a recreational activity. Bye-bye chess as a sport :)
One more point: Who is a legal organizer of the tournament? Is it the CFC? or some Windsor non-for-profit org? Meaning who will account all $.
The legal organizer of the tournaments are Windsor Chess a non profit community group. It is not the CFC though the CFC is involved as one of the sanctioning bodies along with FIDE. Anyway I spoke to CRA again yesterday and they suggested that we put together the information on what we are doing and ask for a written ruling. My initial take on youth events being HST exempt may be wrong pending the result of the written decision.
(3) For the purposes of this Part, where a competitor in a competitive event contributes an amount to the prizes to be given to competitors in the event, the contribution shall be deemed not to be consideration for a supply.
Application of subsection (3)
(4) Subsection (3) does not apply in respect of a contribution that is made as part of a fee or charge paid by a competitor in a competitive event for the right or privilege of participating in the event and that is not separately identified as a contribution to the prizes.
That actually seems quite clear: tell people how much of their money is going into the prize fund and you don't have to charge HST on that portion of the entry.
(3) For the purposes of this Part, where a competitor in a competitive event contributes an amount to the prizes to be given to competitors in the event, the contribution shall be deemed not to be consideration for a supply.
Application of subsection (3)
(4) Subsection (3) does not apply in respect of a contribution that is made as part of a fee or charge paid by a competitor in a competitive event for the right or privilege of participating in the event and that is not separately identified as a contribution to the prizes.
That actually seems quite clear: tell people how much of their money is going into the prize fund and you don't have to charge HST on that portion of the entry.
Okay that will be helpful. We will revamp the website and flyers in order to do that. That will probably push off my next contact with CRA until I can document everything that we want to document prior to submitting our situation for consideration.
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