25 September 1989 Internal T.I. 32567 F - Application of GAAR to Arrangements Circumventing Charitable Donation Limitations

By services, 18 January, 2022
Official title
Application of GAAR to Arrangements Circumventing Charitable Donation Limitations
Language
French
CRA tags
110.1(1)(b), 118.1(1) total charitable gifts, 245(2)
Document number
Citation name
32567
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
631949
Extra import data
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"field_release_date_new": "1989-09-25 08:00:00",
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Main text
  September 25, 1989
Current Amendments and Business and General
Regulation Division Division
  R.B. Day
B. Bryson 957-2136
Acting Director
  File No. 3-2567

Subject: 24(1)

We are writing with respect to our memorandum of September 5, 1989, and further to the comments in your response of September 8, 1989.

With respect to the issues raised in your response we advise as follows:

1.     24(1)

2.     The issues in this case are similar to one recently submitted to the GAAR Committee.  That committee expressed the view that arrangements that may circumvent the charitable donation limitations in 110.1 (1)(b) and 118.1(1) are not subject to 245(2).

In view of 2 above, and in view of the fact that 24(1) is, in fact and law, an agent of Her Majesty in Right of Province, we propose to issue a favourable ruling in this case.

We will hold this ruling in abeyance for two weeks pending receipt of your comments in this regard.

M.A. Hiltzfor Director GeneralSpecialty Rulings DirectorateLegislative and IntergovernmentalAffairs Branch