2011 CBA NATIONAL CHARITY LAW SYMPOSIUM Considerations & Strategies in Corporate Giving

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1 2011 CBA NATIONAL CHARITY LAW SYMPOSIUM Considerations & Strategies in Corporate Giving Laura E. West Fasken Martineau DuMoulin LLP Toronto, May 6, 2011

2 2 Overview Corporate charitable giving has become increasingly important to the charitable sector. Number of issues falling under heading of considerations and strategies in corporate giving is significant.

3 3 Overview This presentation will focus on three issues: a comparison of corporate charitable gifts and sponsorship arrangements; a discussion of issues may be advisable to incorporate into gift acceptance and/or sponsorship policies; and a consideration of the relevant issues that should be canvassed when creating a corporate parallel charitable foundation.

4 4 Corporate Charitable Gifts vs. Sponsorships Tax Benefits Available to Corporations from Transfers of Property to Registered Charities Charitable Gift Deductions Business Expense Deductions

5 5 Corporate Charitable Gifts vs. Sponsorships Differences Between Charitable Gifts and Sponsorship Prior to the split receipting regime Subsequent to the split receipting regime

6 6 Corporate Charitable Gifts vs. Sponsorships Differences Between Charitable Gifts and Sponsorship Current Canada Revenue Agency position in flux Differences may not impact the corporation from a tax benefit perspective but registered charities must ensure charitable receipts properly issued

7 7 Gift Acceptance and Sponsorship Policies Increasing regulation of registered charities highlights importance of gift acceptance and sponsorship policies Corporate giving and sponsorship issues should not be forgotten Benefits include providing discipline, consistency, risk management, and managing donor and sponsor expectations

8 8 Gift Acceptance and Sponsorship Policies Corporate Donation Issues to Consider in Gift Acceptance Policies Determining what Corporate Gifts are Acceptable Determining when Charitable Receipts can Be Issued Gifts of Services Rent Free Use of Property Private Benevolence Gift Certificates Management of Corporate Donors and Corporate Donations Determining how to Deal with Specific Corporate Gifts

9 9 Gift Acceptance and Sponsorship Policies Corporate Sponsorship Policy Issues Documenting Arrangements in Written Agreements Acceptable and Non-Acceptable Sponsorship Arrangements Specificity with respect to the parameters of Sponsorship Arrangements Potential Content of Sponsorship Agreements Protection of Intellectual Property

10 10 Parallel Corporate Foundations Corporate philanthropy increasingly important Importance of corporate philanthropy increasing sophistication of programs and policies Dedicated charitable officers, departments, policies etc. Parallel Corporate Charitable Foundation may be established

11 11 Parallel Corporate Foundations Potential Positive Aspects of Establishing Parallel Foundation Centralization, Cohesiveness and Coordination Flexibility Control Publicity

12 12 Parallel Corporate Foundations Potential Negative Aspects of Establishing Parallel Foundation Administrative and Regulatory Compliance Burden Potential for Negative Publicity

13 13 Parallel Corporate Foundations Establishing a parallel foundation two stage process: (i) creation of legal entity; (ii) registration as a charity Considerations include: Form Jurisdiction Charitable Purposes Control and Funding Charitable Designation

14 14 DISCLAIMER This handout is provided as an information service by Fasken Martineau DuMoulin LLP. It is current only as of the date of the handout and does not reflect subsequent changes in the law. This handout is distributed with the understanding that it does not constitute legal advice or establish a solicitor/client relationship by way of any information contained herein. The contents are intended for general information purposes only and under no circumstances can be relied upon for legal decision-making. Readers are advised to consult with a qualified lawyer and obtain a written opinion concerning the specifics of their particular situation Fasken Martineau DuMoulin LLP

15 15 Contact Information Laura E. West Fasken Martineau DuMoulin LLP 333 Bay Street, Suite 2400 Bay Adelaide Centre, Box 20 Toronto, ON M5H 2T6 (416)

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