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Charitable Giving Policies and Procedural
Guidelines
(September 2002)
1 Approval of Fundraising
Activities
1.1 Policy
Decisions regarding the setting of fundraising
priorities are the responsibility of the President and Executive
Committee. All gift solicitations are to be coordinated by the
Executive Director, Development and External Relations and donations
channeled through the Development and Alumni Relations office.
No fundraising should occur without this
approval.
Gifts made to the NSAC are
always subject to the approval to the President and Executive
and must support the aims, objectives and priorities of the
institution. The NSAC retains the right to refuse a gift or
donation that will harm the public image of the institution
or expose it to undue financial hardship or does not meet the
program priorities as set out by the President and Executive
Committee. The Nova Scotia Agricultural College Foundation will
be the vehicle of choice for deposit of proceeds of fundraising
efforts.
1.2 Rationale
It is important for the image
of NSAC to have a coordinated approach of its fundraising efforts
so that all donors are treated in a consistent manner, proper
receipts issued where applicable and acknowledgments made in
a timely fashion. This donor cultivation process, over time,
will mean increasing donation levels in a time when there is
increasing competition for donors.
1.3 Guidelines for Implementation
There are many individuals
on campus who are skilled in raising funds, acquiring capital
investment and in the best position to actively solicit funds
for NSAC. The Development and Alumni Relations Office has the
responsibility to coordinate these efforts. To do that the following
guidelines have been adopted:
- The Executive Director,
Development and External Relations will be informed of potential
fundraising efforts before they begin. This includes solicitation
for all gifts and donations over $1000 in value but may include
lower amounts when receipts are expected.
- Proposals for research projects
that have the potential to require private matching funds
go through the Research office which will inform the Development
office. Fundraising needs will be discussed before the proposal
is submitted to see if there are other potential donors.
- All donations made to NSAC
will be directed to the Development and Alumni Relations Office
for processing, official receipt generation and acknowledgment.
Options for acknowledgment letters and calls are available
by discussion with the Development office.
2 Issuance
of Official Receipts
2.1 Policy
NSAC will issue an official receipt for donations that qualify
as charitable gifts. NSAC will not consider a gift to qualify
as a charitable donation if the donor will receive direct benefit
from the gift. This includes gifts made by individuals to specific
research or other accounts over which the donor has control of
signing authority.
Charitable receipts will normally
be dated as of the day the gift is received by the Development
Office. Cheques received in January qualify for a receipt for
income tax purposes dated December of the year before if:
- the postmark on the outer
envelope is December 31st of the prior year or earlier, and
- the cheque is dated December
31st of the prior year or earlier.
2.2 Rationale
NSAC has been issued authority
under the Universities Foundation Act which permits it to act
as a not-for-profit charitable organization subject to the rules
of the Income Tax Act. The ability to receive gifts and issue
receipts is governed by the Canada Revenue Agency, federal and
provincial statutes, and NSAC policy. A gift, for purposes of
the Income Tax Act, is a voluntary transfer of property without
valuable consideration. Generally a gift is made if all three
of the conditions listed below are satisfied:
- some property-usually cash-is
transferred by a donor to a registered charity;
- the transfer is voluntary;
and
- the transfer is made without
expectation of return. No benefit of any kind may be provided
to the donor or to anyone designated by the donor, except
where the benefit is of nominal value.
For the purpose above, where
a charity offers an item, privilege or other benefit in return
for a donation, the benefit is considered to have a nominal
value where its fair market value does not exceed the lesser
of
- $50.00, or
- 10% of the amount of the
gift.
2.3 Guidelines for
Implementation
When a gift is received by
NSAC, it will be the responsibility of the Development Office
to ensure that the gift is acceptable to NSAC (that it is in
support of NSAC aims, objectives, or collection policies) and
that the donation qualifies as a "charitable gift".
If the Development Office,
following internal consultation, is uncertain as to whether
a donation qualifies as a charitable gift, a ruling will be
sought in the following order: from the Foundation's auditors;
from NSAC's legal counsel; and Canada Revenue Agency. This ruling
will be adhered to by the Development Office when issuing the
official receipt.
Canada Revenue Agency Taxation
requires that receipt for income tax purposes be made out in
the following manner:
- If the individual who signed
the cheque states in writing that the contribution was made
by another party and that the cheque-signer is only forwarding
funds to NSAC, the receipt is issued to the specified donor
- If the cheque is drawn on
a corporate/business/organization account, the receipt for
income tax purposes must be issued to the corporation/business/organization,
not to the person who signed the cheque.
If an individual makes a donation
via a corporate cheque when the donation was actually from a
personal account held by the company, the individual has two
options available:
- The individual can claim
the donation for his/her personal income tax purposes, sending
to Canada Revenue Agency Taxation copies of the documentation
to prove that the donation was debited from his personal account.
In this case, the individual would be subject to a ruling
from Canada Revenue Agency Taxation as to whether or not they
would accept the donation as a personal tax credit.
- The corporation can claim
the donation on their own behalf, and then issue the individual
a T4A slip, which the individual can use as a claim to offset
his/her personal income.
- If a corporation/foundation/association
acts as a collection agent for NSAC thereby gathering donations
for a specific purpose, they will supply NSAC with a complete
list of names, addresses and individual donation amounts.
NSAC will in this case issue tax receipts to each donor.
2.4 What Receipts Can
Not be Issued for
According to Canada Revenue
Agency Information Circulars 80-10R and IT-110R3 receipts can
not be issued for:
- Payments for membership
that convey the right to attend events; receive literature,
receive services or be eligible for special entitlements of
value (the right to vote at meetings and to receive financial
statements and reports on the activities of the charity is
not considered to be a material advantage);
- Tuition fees (except as
permitted by Information Circular 75-23) or other payments
for which any right, privilege, benefit or advantage may accrue
to the donor such as nursery schools or exercise clubs;
- Contributions made to offset
a charity's cost of providing services (eg. food and lodging
at a seminar conducted by the charity);
- A payment for lottery tickets
or a donation that includes a chance to win a prize;
- Amounts received by loose
collection, i.e., where a particular donor cannot be identified
as having made a particular donation;
- Donations where the donor
directs that a certain family or person become the beneficiary;
- Donations of services where
the donor requests that, instead of payment for his services,
they be supplied with a donation receipt to the value of services
rendered (it should be noted that it is acceptable for a person
who has been paid for services rendered to then make a donation
for which a receipt can be issued);
- A donation of merchandise
that is stock in trade for the donor or is otherwise an expense
of business except to the extent provided by Interpretation
Bulletin IT-297R;
- Donations of old clothes,
furniture, home baking, hobby crafts, etc. An exception may
be made for articles of unusually high value, as explained
in Interpretation Bulletin IT-297R and Information pamphlet
Gifts-in-Kind;
- Amounts paid for admission
to concerts, dinners and similar fundraising functions, except
to the extent permitted by Interpretation Bulletin IT-110R
- Any portion of the purchase
price of a lottery ticket, despite the fact that the lottery
proceeds accrue to one or more charities.
3 Confidentiality
of Information Policy
All information pertaining
to donors and donations received by NSAC is considered confidential
and is subject to the Freedom of Information and Protection
of Privacy (FOIPOP) legislation of the province of Nova Scotia.
The Executive or Development Office staff may have access to
information on a "need-to-know" basis. The Executive
Director, Development and External Relations may approve, in
writing of the release of certain donor information to those
where the "need-to-know" has been established having
regard to the requirements of FOIPOP and the need to protect
donor interest.
Information on bequests received
by NSAC is also held by the Development Office. The Executive
Director of Development and External Relations may approve the
release of bequest information on the same basis as above.
3.1 Rationale
Charitable giving is normally a personal
and sensitive issue. To ensure the privacy of donor information
it is necessary to control access to the donor and donation
information.
3.2 Guidelines for Implementation
The Development Office maintains
records on all donors and donations received by NSAC.
A donor may request that his/her
gift and/or all information pertaining to that gift remain anonymous.
Summary information may be
provided on total donations received for special projects or
funds. Requests for such information should be directed to the
Executive Director of Development and External Relations.
The Development Office may
recognize donors to NSAC by publishing their names in special
reports, unless otherwise declined by the donor or NSAC.
4 Receipt of Monetary Donations Policy
Gifts of Cash: "Cash"
may include bank notes, cheques, money orders, currency or other
legal tender. Cash donations which are received by NSAC and
which require an official receipt may be deposited only by the
Development Office.
Gifts of currency should be
accompanied by correspondence signed by the donor to indicate:
- the donor's name,
- the donor's address,
- the amount of the contribution,
and
- any purpose for which the
gift if made.
4.1 Rationale
The Development Office has
been designated as the only outlet for official donation receipts
and therefore must receive and deposit all gifts to maintain
cash and gift control.
Obtaining relevant correspondence
with gifts of currency will ensure that the tax receipt is correct
and issued to the appropriate party, avoiding the situation
whereby the donor claims (after the fact) that the tax receipt
should have been made out to some other donor (eg. the tax receipt
was made out to a corporation, but the donor claims it was a
personal donation).
4.2 Guidelines for
Implementation
The Development Office deposits
cash, prepares official receipts and acknowledgment letters,
and records gifts. Receipts may be issued at any time after
the gift is received. However, the receipt must be issued by
February 28th of the following year, in compliance with Canada
Revenue Agency's regulations.
The receipt must state that
it is an official donation receipt for income tax purposes and
include the following information:
- "NSAC" and NSAC's
address;
- the serial number of the
receipt;
- if it is a cash donation,
the date the donation was received;
- if the donation is a gift
of property other than cash the day on which the donation
was received,
- a brief description of the
property;
- the day on which the receipt
was issued (if that day differs from the date on which the
donation was received);
- the name and address of
the donor, including, in the case of an individual, the first
name and initial;
- the amount of a cash donation,
or if the donation is a gift of property, the fair market
value of the property at the time the gift was transferred;
and
- the signature of a responsible
individual who has been authorized by NSAC to acknowledge
donations.
In recording the gift, the
following information is noted:
- Campaign: Whether the gift
was given as part of NSAC's annual fund raising program or
a special campaign.
- Designation: Gifts may be
undesignated, broadly designated or specifically designated.
- Undesignated: Donations
for which the donor has indicated the gift is unrestricted,
or for NSAC's greatest needs, or where the donor has not indicated
any designation.
- Broadly Designated: Donations
for which the donor has indicated a general area to which
the gift is to be designated, such as a department, library
or general research.
- Specifically Designated:
Donations for which the donor has indicated a specific purpose
or designation, such as a particular research project, departmental
equipment purchase, memorial fund, specific scholarship fund
or special project.
Should the gift be broadly
or specifically designated, the Development Office notifies
the appropriate Department Head of the receipt of the gift.
The Development Office records the Financial Services account
to which the gift will eventually be directed. If there is not
an appropriate Financial Services account, the Development Office
ensures that the Head who will be responsible for the funds
sets up an appropriate Business Office account and notifies
the Development Office of the account number as soon as possible.
The Development Office ensures that the allocation to which
the gift is recorded is directly linked to the appropriate Financial
Services account.
5 Release
of Monetary Donations
NSAC recognizes both the need
to make private donations available to support the work of the
Departments and support operations and the fact that there is
a cost in raising private funding. Unless the Development Office
receives written correspondence from the donor or faculty contact
stating that the project/fund has been or will be incurring
immediate expenditures, donations are assumed to be broadly,
rather than specifically designated. Gifts are released from
the accounts, depending on whether the gift was for the Annual
Fund or a Capital Campaign, as follows:
5.1 Annual Fund
- Undesignated: Gifts which
are not designated for any broad or specific purpose are accumulated
during the year for allocation by the Executive Committee
for expenditure in the next fiscal year. Any interest earned
on such funds is first used to offset the cost of fundraising.
- Broadly Designated: Donations
with broad designations are accumulated during the year for
expenditure in the next fiscal year. VP's or others responsible
for broadly designated areas (departments, library, general
research, etc.) receive, by May, a report on funds available,
and may request funds to be transferred by submitting a memo
to the Development Office indicating how the funds will be
used. Any interest earned on such funds is first used to offset
the cost of fundraising. Funds may be released with the approval
of the VP Administration.
- Specifically Designated:
Donations directed to approved memorial funds, scholarships,
bursaries or other projects for which a trust fund has been
created are transferred on an annual basis by Financial Services.
Designated reports produced by the Development Office indicate
the account to which the funds should be transferred. Funds
may be released with the approval of the VP Administration.
- Research Projects/Projects
with Immediate Expenditures: Donations designated to research
projects and/or projects where there are immediate expenditures
set out in the proposal document are transferred by the Development
Office on receipt of a memo requesting the transfer and indicating
how the funds will be used. The signing authority is responsible
for the proper administration of transferred funds. Funds
may be released by the approval of the VP Administration.
5.2 Capital Campaigns
- Undesignated: Gifts which
are not designated for any broad or specific purpose are accumulated
during the fiscal year for allocation by the Executive committee
for expenditure on a slipped-year basis. For example, any
donations between April 1, 2001 and April 1, 2002 may be released
April 1, 2003. Any interest earned on such funds is first
used to offset the cost of fundraising. Funds may be released
with the approval of the VP Administration.
- Broadly Designated: Donations
with broad designations are accumulated during the fiscal
year for expenditure on a slipped-year basis (see above example).
VP's or others responsible for broadly designated areas (departments,
library, general research, etc.) receive by April of the following
year, a report on funds available, and may request funds to
be transferred by submitting a memo to the Development Office
indicating how the funds will be used. Any interest earned
on such funds is first used to offset the cost of fundraising.
Funds may be released with the approval of the VP Administration.
- Specifically Designated:
Donations directed to approved memorial funds, scholarships,
bursaries or other projects for which a fund has been created
are transferred on an annual basis by Financial Services.
Designated reports produced by the Development Office for
Financial Services indicate the fund account to which the
funds should be transferred. Funds may be released with the
approval of the VP Administration.
- Research Projects/Projects
with Immediate Expenditures: Donations designated to research
projects and/or projects where there are immediate expenditures
set out in the proposal document are transferred by the Development
Office on receipt of a memo requesting the transfer and indicating
how the funds will be used. The signing authority is responsible
for the proper administration of transferred funds. Funds
may be released with the approval of the VP Administration.
6 Gifts
of Securities Policy
NSAC will accept securities
as charitable donations if such securities are consistent with
NSAC's investment aims. The value of the official receipt will
be determined by the fair market value of the security on the
date the security is transferred to NSAC.
6.1 Guidelines for
Implementation
A gift of this type is not
considered complete until the securities are fully assigned
and held by NSAC. For marketable securities such as stocks and
bonds, the value of the receipt is determined by using the market
value of the security at the close of business on the day the
security is received by NSAC's custodians. For non-marketable
securities, the value of the official receipt will be determined
by the parties, based on an external appraisal.
7 Gifts
of Property Policy (Real Estate, Equipment, Art, Documents etc.)
NSAC will accept gifts of property
as charitable donations if such property is consistent with
NSAC's investment or collection aims. The value of the official
receipt will be determined according to Canada Revenue Agency
Guidelines.
7.1 Rationale
Gifts of property can have
great income value. Before a gift can be accepted, however,
its merit and value must be accurately determined according
to guidelines provided by Canada Revenue Agency.
7.2 Guidelines for
Implementation
- Gifts of property are commonly
referred to as "gifts-in-kind". Before a gift of
property is accepted by NSAC, its merit must be determined.
- Gifts of art will be approved
by the President
- Gifts of books, manuscripts,
documents, etc. will be approved by NSAC Chief Librarian.
- Other gifts of property
must be approved by the Vice-President Administration and/or
Vice-President Academic in consultation with the appropriate
expert faculty or staff member.
Before the Development Office
issues a tax receipt for a gift-in-kind, the Office requires
a copy of the following:
For new goods received:
- an itemized purchase order
from the area receiving the donated goods; or
- an invoice from the company
donating the goods indicating that the invoice is not to be
paid; and
- a signed packing slip showing
that NSAC has taken receipt of the goods.
For used goods received:
- an independent
appraisal from reputable appraiser of the item being donated is needed
or, if the gift is $1,000 or less in value, appraisal from
a qualified NSAC staff member is acceptable;
- proof of receipt of the
goods;
- The appraiser should not
be associated with either the donor or NSAC;
- Dealers, appraisers and
other individuals knowledgeable about the market value of
the object being donated may give a written expert evaluation;
- If finding an independent
appraiser is difficult, or involves unwarranted expense, the
Canada Revenue Agency will consider an appraisal done by qualified
NSAC staff members, even though the value might be more than
$1,000;
- The appraisal must be an
estimate of the fair market value of the object as of the
date of the donation. The receipt must represent the true
value of the donation at the time it is donated.
Although the term "fair
market value" is not defined in the Income Tax Act, the
generally accepted meaning is the price the property would bring
in an open market transaction between a willing buyer and a
willing seller, acting independently of each other, and each
having full knowledge of the facts. An arm's length sale and
purchase of the property, at or near the effective date of valuation,
is usually considered the best evidence of value at the time,
and will normally be used by the Canada Revenue Agency as the
value of the donation for purposes of the receipt for income
tax purposes.
The date of donation is the
date that legal ownership is transferred from the donor to NSAC.
This date may not be the date of physical delivery. If, for
example, an object was on loan to NSAC before the date of donation,
the dates would differ.
8 Gifts
of Canadian Cultural Property
The NSAC may receive gifts
of Canadian Cultural property subject to the federal rules surrounding
sch gifts.
A gift of cultural property
must be certified by the Canadian Cultural Property Export Review
Board as meeting the criteria set out in paragraphs 29(3)(b)
and (c) of the Cultural Property Export and Import Act. The
beneficiaries of such gifts must be institutions or public authorities
in Canada which are designated under that Act. For further observations
on gifts of cultural property, see the current version of IT-407,
Dispositions of Cultural Property to Designated Canadian Institutions.
9 Gifts
of Life Insurance Policy
When an individual has taken
out a life insurance policy (either "whole life" or
"term life") and later makes an absolute assignment
of the death benefits of the policy to NSAC, this is considered
to be a charitable donation, as long as rights, privileges,
benefits or advantages do not accrue to the donor as a result
of the gift (excluding, of course, any income tax relief as
a result of the charitable donation). The amount of the tax
receipt depends on whether the policy is paid up and if the
donor will continue to make premium payments.
If the policy is paid up, the
amount of the charitable donation is equal to the value of the
policy (i.e. the amount by which the cash surrender value of
the policy at the time of the absolute assignment exceeds any
policy loan outstanding) and any accumulated dividends and interest
thereon which are also assigned at that time. If the policy
does not have any value, then a charitable donation receipt
is not issued when the policy is transferred. However, subsequent
premium payments will be creditable for income tax purposes.
Alternatively, NSAC may issue
the receipt when the benefits are realized; in this case, the
receipt is sent to the donor's estate. Upon the donor's death,
the full proceeds are paid at once, directly to NSAC without
delay of probate, and without reduction in amount due to taxes,
legal fees or administration charges. There is not a fluctuation
in the value of the proceeds, as there could be if the gift
were dependent on the value of stocks, bonds, real estate or
other kinds of property. Life insurance is separate from the
estate and payment is guaranteed by contract. A gift of life
insurance cannot be contested, as it is separate from the donor's
estate and is paid directly to NSAC.
When a life insurance policy
is absolutely assigned to NSAC, any consents that are required
by provincial regulations to be signed to change a beneficiary
must be signed before the transfer represents a valid charitable
donation.
If the individual donates an
amount to NSAC to enable NSAC to pay each premium of a life
insurance policy, the charitable donation is equal to each amount
given by the individual. If each premium on the policy is paid
directly to the insurance company at the request of, or with
the concurrence of, NSAC, there is constructive payment of a
donation to NSAC and therefore a charitable donation. The increase
in cash surrender value of the policy is not relevant in determining
the amount of any charitable donation. Furthermore, a donor
can make a lump sum cash contribution to NSAC and specify that
it be used to pay all premiums on a life insurance policy; this
lump sum contribution is still a charitable donation.
9.1 Options
If the policy is paid up, NSAC can borrow on the
policy at its designated interest rate (if the policy has an
interest rate designated), which would provide immediate benefit.
In the event the donor decides to discontinue donating the annual
premiums, NSAC may cash in the policy or continue to pay the
premiums out of its own funds.
Provided that either the trust stipulates or the
donor directs that the gift be held for at least 10 years, the
value of a life insurance policy, and the proceeds therefrom,
whether on voluntary disposition or upon the death of the life
insured, are exempt from disbursement requirements.
9.2 Procedures for Individuals Making
Gifts of Life Insurance
To make a gift through the purchase of a new insurance
policy, the donor applies for a policy on his/her life and,
on issue, transfers the ownership to NSAC. The premium payments
can be made on a monthly or annual basis, directly to the insurance
company at the request of, or with the concurrence of NSAC,
or a lump sum can be set up to repay future payments. The donor
includes a letter of instructions to NSAC, with the policy,
that may indicate specific distribution of the proceeds. A premium
receipt, which the donor forwards to NSAC, is issued by the
insurance company. NSAC then issues its own charitable receipt.
9.3 Guidelines for Maintenance
It is important that the Development Office have
on file the name of the donor's Insurance Company and Agent
so that reminders can be sent about the reporting of premiums
paid. Premium payments may qualify donors for appropriate recognition
10 Bequests Policy
Bequests made to NSAC may qualify as charitable
gifts if the terms and conditions of the bequest are acceptable
under NSAC's aims and objectives. Official receipts will be
issued to the estate of the deceased.
10.1 Guidelines for Implementation
Communications (letter and/or copy of Will) are
received from the executors, trustees or lawyers by the Development
Office.
A copy of the Will is obtained by or forwarded
to Development Office. The Will is examined and a recommendation
is prepared for Executive Committee if the direction in the
Will is not specific. If the directions are specific, the relevant
people are informed if they have not already been informed by
the Development Office. Funds and legal documents are received
and processed. Funds are deposited to the Nova Scotia Agricultural
College Foundation holding account.
11 Gifts of Annuities
Policy
Donors may make irrevocable gifts to NSAC in exchange
for immediate guaranteed payments to the donor for life at a
specified rate depending on life expectancy. Such arrangements
are considered to be annuity contracts and the annuity payments
are included in computing the annuitant's income. The capital
element of the annuity payments is considered to be tax free.
Because of a charitable interest in NSAC, a donor
may pay more for the annuity than the total amount expected
to be received as annuity payments. In such cases, the excess
of the purchase price over the amount so expected to be returned
is a gift and the individual is entitled to credit the amount
of the gift. No portion of any annuity payment is taxable in
the hands of the individual in these circumstances.
Conversely, if the donor's annuity payments are
expected to equal or exceed the value of the initial gift, there
has not been a charitable donation, and a receipt for income
tax purposes should not be issued.
Any excess amount of money after the annuity has
been purchased is recorded on the donor's record. However, the
donor does not receive a tax receipt for this amount.
12
Memorial Funds Policy
NSAC will issue official receipts for donations received for
Memorial Funds if the funds will be held by NSAC and if the
terms and conditions of the fund are acceptable within NSAC's
aims and objectives.
12.1 Guidelines for Implementation
Memorial Funds are most commonly set up in honour
of a faculty or staff member, an alumnus(a) or a prominent individual.
It is imperative that the Development Office be made aware immediately
of any plans for a Fund so that gifts to the Fund can be tracked
separately, appropriate family members or colleagues can be
informed of the progress of the Fund, and letters of thanks
can be sent along with receipts. It is also important for the
Development Office to be aware at the outset, the plans for
the Fund (a scholarship, bursary, capital project, etc.) so
that the appropriate offices can be notified of the potential
gift(s) and can begin setting appropriate terms and conditions.
Consultation with NSAC officials is important
before commitments are made to potential donors.
13 Use of The Nova
Scotia Agricultural College Foundation's Tax Status for Fundraising
Policy
The Executive Director, Development and External
Relations may approve the use of the Nova Scotia Agricultural
College Foundation's Tax Status by an NSAC related organization,
providing:
- The request is made with the knowledge and
support of the Executive of NSAC;
- The activity will not impact negatively on
public perception of NSAC or on existing Development efforts;
- The organization running the event or lottery
agrees to maintain proper accounting records and agrees to
be accountable to the Executive of NSAC;
- The benefits of the event or lottery are gained
by NSAC and are consistent with NSAC's goals and purpose.
13.1 Rationale
It may be appropriate in some circumstances for
NSAC related organizations to engage in fundraising activities
to benefit their groups or the broader NSAC community. Such
groups must be accountable to an NSAC Executive member, Department
Head or budget subject manager and must provide proper accounting
for the activity. NSAC related organizations may include student
union, associations, residences, varsity sports teams, recognized
academic clubs and recognized faculty or staff organizations
as well as community organizations, research institutes and
centres that are formed to help NSAC meet its objectives.
13.2 Guidelines for Implementation
An NSAC related group or organization seeking
to use the Nova Scotia Agricultural College Foundation tax status
to apply for a lottery or gaming license must:
- Submit a proposal for approval to the Executive
Director, Development and External Relations or Vice-President.
The proposal will include a description of the activity, the
project or program to receive the proceeds.
- The proposal must be received allowing sufficient
time for licenses approval
- For control purposes, the organization running
the event or lottery must agree to deposit all proceeds and
charge all expenses through NSAC's financial accounting system.
- The organization must make a final report within
3 months following the event or lottery to Executive Director,
Development and External Relations.
14 Fundraising Special
Events Policy
All fundraising events held under NSAC auspices
and for which official receipts may be required must be approved
by the Executive Director, Development and External Relations.
In cases where tickets are sold and the purchaser is to receive
an official receipt, the value of the receipt will be the cost
of the ticket less the value of any goods or services received.
14.1 Rationale
Special events such as charity golf tournaments,
celebrity concerts or auctions can help raise money for special
projects. These events also reflect on NSAC's public image and
therefore need to be reviewed by the Executive Director, Development
and External Relations.
Canada Revenue Agency has ruled that the value
of a gift must be reduced by the value of the benefit received
by the donor. The Development Office can issue receipts for
special events under this restriction.
14.2 Guidelines for Implementation
If planning a special event, the Development Office
should be consulted to help determine the value of an official
receipt that might be offered to a donor. Sponsors generally
receive benefits that are considered greater than the nominal
limited (advertising) and therefore do not receive receipts
for income tax purposes.
14.3 Fair Market Value Test
The charity must determine what the value of the
event would be if it were sponsored as a profit making commercial
venture. Then a receipt can be issued for the ticket price charge
minus this value, except in certain circumstances such as those
noted below.
14.4 Door Prizes and Raffles
Official receipts for a gift or donation are not
to be issued where the price of admission, dinner, ball, concert
or show includes participation in a lottery draw for prizes
or awards which have more than a nominal value. Any payment
which might be considered in excess of the fair market value
of the price of admission for the event is presumed to be for
participation in the lottery or draw. Put another way, if a
fundraising event offers one or more substantial prizes, it
will not qualify as an event for which a receipt for tax purposes
can be issued.
14.5 Auctions
When a dinner is coupled with an auction, Canada
Revenue Agency will not allow receipts to be issued for the
donation portion of the ticket price - unless members of the
public are invited to and allowed to bid at the auction without
purchasing a ticket to the dinner.
Canada Revenue Agency has recently changed it's
position on the recipting of asset purchased at charity auctions.
Receipt can now be issued for the positive difference between
what is paid of an item purchased at auction and the true value
of the auctioned. The same is true when a charity sponsors a
sale and receives a percentage of the sales price.
14.6 Golf Tournaments
Canada Revenue Agency considers fundraising golf tournaments
as "like events", within the meaning of Interpretation
Bulletin IT-110R3, Gifts and Official Donation Receipts. This
means a charity can issue a tax receipt for the difference between
the price of the admission ticket for the tournament, and the
fair market value of the golf game plus any other entertainment
and meals the player receives.
15 Canada
Revenue Agency Interpretation Bulletins
The following is a list of Canada Revenue
Agency Bulletins that are used for interpretation and are available
at the Development office or on line at the Canada Revenue Agency
website.
IT-110R3 Gifts and Official Donation Receipts
IT-139R Capital Property Owned on December 31, 1971 - Fair Market
Value
IT-209R Inter-Vivos Gifts of Capital Property to Individuals
Directly or Through Trusts
IT-226 Gifts of Residual Interest to a Charity
IT-244R2 Gifts of Life Insurance Policies as Charitable Donations
IT-288R Gift of Capital Properties to a Charity and Others
IT-297R2 Gifts in Kind to Charity and Others
IT-407R2 Disposition of Canadian Cultural Property
IT-504R Visual Artists and Writers
IT-111R Annuities Purchased from Charitable Organizations
IT-226 Gift of Residual Interest to a Charity
IT-244R2 Gifts of Life Insurance to a Charitable Organization
IT-288 Gifts of Tangible Capital Properties to Charity and Others
Information Pamphlet Gifts in Kind
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