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Bob Gillanders wrote in the January Newsletter: "We received a registered letter [from CRA] just before Christmas telling us that our tax status as a charity has now been annulled."
It's been on the cards for a while, and the CFC has been fighting a losing battle. I guess we lost.
I am not totally clear on this, but there seems some chance of again having the power to issue tax receipts as a registered athletic association, I believe it is.
This likely involves the thorny issue of " chess as sport ".
Maybe someone more knowledgable can advise what path CFC has to follow to try to accomplish this.
The idea of an Amateur Athletic Association seems like a good one. The issue of chess as a sport does not strike me as particularly controversial. It is recognized as a sport in most of the countries of the world, so why shouldn't the Canadian government follow international precedent?
In any case, if the only effect of this revocation is that the CFC will lose its ability to issue donation receipts, it doesn't seem like a big deal to me. I don't think losing the possibility of a tax credit will be a major barrier to anyone who is already motivated to support the CFC.
My guess and its just a guess is that if they issued tax receipts to parents for paying for their children to go to international events then this would be contrary to CRA tax donation rules. A similar issue happened in Hamilton with Redeemer college where parents received tax receipts for making donations to a bursary/tuition fund which in fact funded some of their own children.
It would have nothing to do with whether the CFC is an amateur organization and nothing to do with whether chess is a sport; since clearly the CFC is an amateur type organization promoting chess in the country.
If the CFC wanted to they should be able to go to tax court over this.
Oddly enough I can't find the CFC on the charities list, including annuled charities - I've tried, chess, federation and cfc and the registation number from the CFC site 106912058 with no luck - http://www.cra-arc.gc.ca/chrts-gvng/.../menu-eng.html
Last edited by Zeljko Kitich; Saturday, 5th February, 2011, 10:37 AM.
The status was NOT revoked, it was annulled. Basically CRA said that the CFC should never have been allowed to be a charity in the first place. Because it was done in this fashion, there is no kind of penalty to the CFC or to people who received tax receipts (as there would be in a revocation).
The main issue for CRA was that in a charity all activities pretty much have to be charitible.
There is a separate tax status as an Amateur Athletic Organization that the CFC might qualify for, which would allow the issuance of tax receipts. This is what Bob was referring to in his post. The requirements are summarized at this site.
There is a separate tax status as an Amateur Athletic Organization that the CFC might qualify for, which would allow the issuance of tax receipts. This is what Bob was referring to in his post. The requirements are summarized at this site.
even supposing that it does qualify as an athletic organization, the CFC does not seem to meet some of the requirements while meeting others
there is no high performance or any training program really (that's done by Chess and Math) and the CFC does not oversee the local clubs, the local clubs govern themselves and simply send in their results to be rated to the CFC, I guess it would hinge on what the relation is determined to be between the provincial associations and the CFC and the provincial associations and the local clubs, to me the local clubs are almost entirely autonomous except for the rating aspect, it does not operate in Quebec
on the other hand it does promote the sport, it does award the winning bid to the Canadian Open and Canadian Closed, it sanctions them but does not stage them, if no one bids the events would not be staged, they are the Canadian representatives of FIDE if I'm not mistaken, it does provide certification and training for referees IA's but has done that rarely, it does not train TD's at the local level, it does not provide any training for coaches that I'm aware of, it does regulate the 'sport' and does operate a national team
it also says that it excludes those staging a single event (Canadian Open?) and a single national team (Olympiad?) or a single sport event (chess?)
some legal minds would have to figure out if the CFC could qualify at all, even if chess is considered a sport the other aspects of the organization do not seem to match the requirements of high performance, multi sport athletic training for which this category seems to be aimed at
Last edited by Zeljko Kitich; Saturday, 5th February, 2011, 12:06 PM.
"Single Event" refers to a single event. So for example, the Toronto Canadian Open 2011 team cannot register as a RCAAA. The fact that the CFC runs such an event annually as part of what it does would not be detrimental.
"Single Event" refers to a single event. So for example, the Toronto Canadian Open 2011 team cannot register as a RCAAA. The fact that the CFC runs such an event annually as part of what it does would not be detrimental.
My point is that the CFC only runs this event and not any others unless you want to count the Canadian Closed. Actually it does not run them but awards the running of them to bidders who are seperate from the CFC. At best it sanctions the events. The bidders then get sponsorship themselves and run the event themselves. If the CFC was to actually run the events that might be different if you can count the Canadian Open and Closed as two seperate events and if that would meet the requirements. Unlike other athletic organizations that run local, provincial and national championships.
Last edited by Zeljko Kitich; Saturday, 5th February, 2011, 12:46 PM.
CYCC and the Olympiad teams come to mind - obviously the CFC does more than merely run the Canadian Open. And that's only looking at events/teams.
Change the name to The Canadian Chess and Global Warming Federation and apply again. Change the mandate to the promotion of chess and study of hot air in Canada.
The ruling has hurt the Chess Foundation more than the CFC. Chess players who were considering including the Foundation in their estate planning may re-consider given the lack of a tax credit.
I am pleased to see Patrick's opinion, however, that it shouldn't deter people who truly want to support chess.
The ruling has hurt the Chess Foundation more than the CFC. Chess players who were considering including the Foundation in their estate planning may re-consider given the lack of a tax credit.
I am pleased to see Patrick's opinion, however, that it shouldn't deter people who truly want to support chess.
It may not deter them but with the tax credit you are able to effectively give more. It also means corporations won't be able to make a deduction for the donation.
It may not deter them but with the tax credit you are able to effectively give more. It also means corporations won't be able to make a deduction for the donation.
Hi Zeljko,
If a corporation sponsors an event, can they claim it as an expense? If they make a donation, is that treated differently?
In the past I have not had corporations asking for charitable tax receipts...but I have had individuals doing so.
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