2 The auditor apologized for the audit delays to the current President of the Organization in a conversation on March 20, 2018. This letter is the result of an audit of the Italian Genealogical and Heraldic Society of Canada's (the Organization's) registered charitable information returns by the Canada Revenue Agency (CRA). The audit referred to the organization's operations for the period from January 1, 2011 to December 31, 2015.
The organization must act in accordance with the law; if he fails to do so, his registered status may be revoked in the manner described in section 168 of the Act. The organization was further found to be a charity based on the requirements of paragraph 149.1(1)(b) of the ITA. Board minutes produced by the organization clearly show that immigration services were offered in 2011 and 2012.
A detailed review of all the Organization's purchases was conducted for each year under audit. The organization has provided the unnecessary benefits detailed above, which may result in the application of the following sanctions under paragraph 188.1 (4) of the Act. However, it is our view that the Organization has failed to meet the requirements of subsection 149.1(1) of the Act as it does not devote its resources to charitable activities carried out by the Organization itself.
For these reasons, it appears that there are grounds for revoking the organisation's charitable status under section 168(1)(b) of the Act.
Failure to maintain adequate books and records as required by the Act Pursuant to subsection 230(2) of the Act, every registered charity "shall keep records
We are also of the view that where the organization has transferred the charitable funds for the private benefit of the member and has therefore failed to demonstrate that it meets the test for continued registration under subsection 149.1 (1) as a charity that "no part of the income which is paid or is otherwise made available for the personal benefit of any owner, member, shareholder, trustee or founder." The organization does not monitor issued certificates and cannot provide a list of all donors. It was not possible to reconcile the income reported on the T3010 Registered Charities report with the documentation submitted by the organization for audit.
The Organization provided no supporting documentation for the 2014 year, and limited documentation for the 2015 year. It was not possible to reconcile expenses reported on the T3010, Registered Charity Information Returns, with the documentation submitted by the Organization for the audit. The Organization provided no documentation relating to the 2014 year and only a limited amount of supporting documentation for the 2015 year.
The Organization did not provide any books and records for the year 2014 for review, therefore a detailed review could not be completed. However, the summary only supported funds paid to other individuals, and provided no details of what was purchased nor provided any details to enable a review of the expenditure to determine whether it furthered the Organization's registered objectives. e. Unfortunately, this information does not meet the Organization's requirement to keep board minutes detailing the activities of the Organization, and include sufficient detail to show that the board maintains direction and control over the Organization's activities and assets.
In addition, no minutes are maintained by the Organization in the period November 2013 to December 2015. f) Donor list. The organization does not maintain such a record and therefore has no record of the donation receipts it has issued to donors. Under subsection 188.2(2) of the Act, an organization may receive a notice of suspension of the supply of official receipts if it contravenes subsection 230(2) of the Act.
It is our view that the organization failed to comply with the law by failing to maintain proper books and records. For this reason, there may be grounds for suspending the organisation's authority to issue official certificates under subsection 188.2(2)(a) of the Act. However, our position is that in this case there is a material non-compliance and that there are grounds for revoking the charitable status of the Organization in accordance with Articles 168(1)(b) and 168(1)(e) of the Act.
Failure to issue donation receipts in accordance with the Act
An email was written by Flavio Andreatta to the Organization's accountant stating that all donations over $1000 are for immigration services, which is included in Appendix F. In the Organization's minutes immigration services are discussed on more than one occasion, including December 11, 2011 where Flavio Andreatta stated that there were three upcoming immigration cases that would generate revenue for the company. Based on these facts, it appears that immigration services were a regular and continuous activity of the Organization.
The minutes of the August 8, 2012 meeting state that $1,000 was loaned to the organization in July for the purchase of manuscripts, but this amount must be repaid. Since the funds contributed were never intended to be a gift, no official donation receipt should have been issued. As previously mentioned, the Organization's first registered activity is "To provide lectures, guidance, assistance and instructions free of charge to its members and to non-members for a fee".
Membership fees, an organization may issue an official donation receipt for the eligible amount for a payment for membership fees. To determine the eligible amount, the gift recipient must determine the benefit the member received in return for the payment. Where the benefit is more than 80% of the amount paid for dues, it is generally considered to be a genuine intention to make a gift and no receipt can be issued.
Based on a review of the minutes, it appears that a small number of members received free genealogical research. The organization did not provide any documentation to prove that the benefit received by the member was calculated, but instead issued an official donation receipt for the full amount of membership fees paid. In cases where a registered charity is involved in serious non-compliance or because of repeated or multiple violations, the Canada Revenue Agency (CRA) may impose interim sanctions (ie fines or suspensions) as described in sections 188.1 and
Pursuant to subsection 188.1 of the Act, subsection 7, the penalty for a registered charity issuing an official donation receipt containing incorrect information is a penalty equal to 5% of the amount stated on the receipt as representing the amount. for which a taxpayer can claim a deduction pursuant to subsection 110.1, subsection 1, or crediting according to subsection 118.1, subsection However, it is our view that, for each of the reasons outlined above, the organization did not issue receipts in accordance with the Act and its provisions, and it appears that there is reason to revoke the organization's charitable status under s.
Failure to file an accurate T3010, Registered Charity Information Return
The organization has failed to complete these T301 O Information Return rules for the years 2014 and 2015. The term for all directors is incorrect; each year the term refers to the fiscal year and not to the actual start of the director's term of office. None of the dates of birth have been entered for 2014 and 2015 and in 2015 the telephone number of two of the directors is missing.
The T3010, Registered Charity Information Returns, must be sent within 6 months of the end of the organization's fiscal year. Under subsection 168(1)(c) of the Act, a charity's registration can be revoked if it fails to file a charitable information return as required by the Act. It is our view that the organization failed to comply with the law by failing to file the correct T3010 Registered Charity Return based on the above issues.
For this reason, there are grounds for revoking the organisation's registered status under paragraph 168(1)(c) of the Act. If the organization chooses to respond, please send written statements and any additional information regarding the above findings within 30 days of the date of this letter to the address below. If the organization appoints a third party to represent it in this matter, please send us a written request with the individual's name, the individual's contact information, and express authorization for the individual to discuss the file with us.
Italian Genealogy and Heraldry Society of Canada Societa di Genealogia e Araldica Italiana del Canada
ITR APPENDIX A Section 149.1 Qualified Donees
149.1 (2) Revocation of registration of charitable organization
149.1(3) Revocation of registration of public foundation
14 1(4) Revocation of registration of private foundation
Section 168
Revocation of Registration of Certain Organizations and Associations 168(1) Notice of intention to revoke registration
168(2) Revocation of Registration
168 4) Objection to proposal or designation
180(1) Appeals to Federal Court of Appeal
Deemed year-end on notice of revocation
1.1) Revocation tax
188(1.2) Winding-up period
188(1.3) Eligible donee
188 2) Shared liability - revocation tax
188(3.1) Non-application of subsection (3)
188(4) Transfer of property tax
188(5) Definitions In this section,
B where
This taxpayer who is liable to pay tax under subsection 188(1.1) for a tax year sha I, on or before the day that is one year from the end of the tax year, and without notice or demand,. i) a statement for the tax year, in the prescribed form and containing the prescribed information, and. ii) both an information statement and a public information statement for the tax year, each in the form prescribed for the purposes of the subsection and (b) sets out in the statement referred to in subparagraph (a)(i) the amount of tax payable by the taxpayer under subsection 188(1.1) for the tax year; and. During the one-year period beginning immediately after the end of a person's tax year, the Minister has assessed the person in relation to the person's tax liability.
189(6.3) Reduction of liability for penalties
189 (7) Minister may assess
