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Home » Thinking about establishing a private foundation? » Quarterly » Dec 2010

Thinking about establishing a private foundation?

Posted in: Advisors Corner, Dec 2010, Donor Den, Quarterly|Tags: Charitable Foundations, Donor Advised Funds |December 8, 2010

Thinking about establishing a private foundation?

Thinking about establishing a private foundation?

Here are two routes to consider.

Set up a private foundation

This is an effective route for those who want to maintain complete control over their activities, teach family members about the importance of philanthropy or fund initiatives that are outside of the mainstream. However, it can be expensive and time consuming. And, with over 9,000 public and private foundations in place, it is likely that there is already a charity with a similar mandate so it is worth investigating this before committing to the set-up costs.

Private foundations are really most effective for sums over $5 million, assuming you are prepared to do the work required. If this is your choice, you’ll need to establish a board of directors, decide on a corporate structure (trust or incorporation, national or provincial) and process the application. Then you’ll need to apply for charitable registration with the Canada Revenue Agency. On an ongoing basis, you’ll need to hold regular meetings, keep minutes, issue tax receipts, keep adequate books and records, report to the CRA and administer their grants and monitor their annual budget. Usually some professional staff is needed.

Establish a donor-advised fund

For smaller amounts, an endowment/family or donor-advised fund with a public charity is a far simpler and more cost-effective solution. These family funds are really an investment fund set aside for the long-term support of a charity… only a percentage of the value is distributed to charity each year.

Donors who give through a DAF deal with just one charity, usually a public foundation. Families investing in donor advised funds can realize many of the financial and personal advantages that come with establishing their own charitable foundation, with significantly less cost and complexity. Other benefits include:

Tax savings – the family members that contribute a fund will receive a donation receipt and can use that to claim a tax credit at their highest marginal tax rate. Also, if they gift appreciated securities, there will be no capital gains tax payable.

Control and flexibility you can maintain control in terms of directing the donations to alternate charities;

Simplified administration – the sponsoring charity does the record-keeping and due diligence.

Identity protection – unlike private foundations, a donor advised program can protect a donor’s identity if requested; and

Investment management – depending on the program, clients may be able to recommend to the sponsored charity on how it should invest the assets and use their own trusted investment advisors to oversee the funds.

Case Study: Capital Dividend Account

Posted in: Advisors Corner, Dec 2010, Quarterly|Tags: Charitable Entrepreneurs, Taxes |December 8, 2010

One of the best kept secrets: The Capital Dividend Account

Charitable Strategies for Donors with Holdco’s

Adapted with permission from an article by JoAnne Ryan, VP Philanthropic Advisory Services, TD Waterhouse published in Gift Planning in Canada, October 2010

Donating securities can be a great way to save tax, but for clients who hold publicly-traded securities within an investment holding company there can be an even greater opportunity for making tax-efficient charitable donations. Many investment holding companies (Holdco’s) own securities that have accumulated significant capital gains; and thereby may have large potential tax liabilities when those securities are sold. But, there are great tax savings opportunities for charitable shareholders. They could donate some of those securities now, during their lifetimes, on a highly tax-efficient basis AND make larger tax-free withdrawals. Ask your clients if they have securities in their corporations or sufficient pent up cash reserves with which to pay the tax free capital dividend. It could open up a whole new dialogue with a win/win result.

Let’s start with the basics. There is no significant difference between the treatment of personal donations and the treatment of donations from investment Holdcos.

• There is no capital gains tax on appreciated securities that are donated to a registered charity, regardless of whether the donation is personal or corporate.

• When a corporation makes a donation, it receives a tax deduction. This deduction can be used to reduce taxable income and thereby tax payable. This differs from personal donations which receive a tax credit.

• The maximum claim that can be made in any given year is 75% of net income. Any excess can be carried forward for 5 years.

However, this picture changes considerably when we consider the role of the capital dividend account.

What is a Capital Dividend Account?

Every corporation has a ‘capital dividend account’ (CDA). It does not appear on a corporation’s balance sheet but it is often detailed in the notes to its financial statements. Many people think a CDA is a bank account. In fact, it is a notional account used to keep track of realized capital gains that are not subject to taxation – a whopping 50% of the total. The shareholder can withdraw this ‘non-taxable portion of the capital gain’ on a tax-free basis

.** Upon the death of the shareholder, no further withdrawals are possible.
** Assumes the CDA balance is nil before the transaction.

Example: CDAs and tax-efficient charitable donations

Let’s assume a charitable individual wishes to make a gift by donating appreciated publicly-traded securities from his investment Holdco. The shares have a fair market value (FMV) of $100,000 and a tax base of $0.

• If the Holdco sells the securities, half of the realized capital gain will be taxed as income. The other half flows to the Holdco’s CDA and may be subsequently withdrawn by the shareholder on a tax-free basis and donated to charity.

• Alternatively, the Holdco donates the securities to a charity, it will deduct $100,000 from income (thereby reducing taxes payable) AND avoid all capital gains tax because the securities were donated rather than sold.

But there is more: the Holdco can credit the non-taxable portion of a capital gain to its CDA. The FULL capital gain can now be added to a donor Holdco’s CDA.

In our example, this would allow the Holdco to bump up its CDA by $100,000, freeing even more funds for tax free withdrawal. Furthermore, if the shareholder does actually withdraw the additional $100,000 from the CDA, the value of the corporation will have effectively been reduced by $200,000 (the $100,000 share donation plus the additional $100,000 withdrawn tax-free from the CDA). When there is a deemed disposition of the Holdco shares, upon the death of the shareholder, his or her estate will enjoy a reduced tax bill. Lastly, the tax savings generated by the donation of securities may be used to purchase a life insurance policy on the shareholder with the corporation as the owner and irrevocable beneficiary. Upon the death of the shareholder the insurance payout will flow into the CDA. This amount can then be paid out, tax free, to the shareholder’s estate and subsequently to the heirs or charities.

Benefits to Clients with HoldCo’s

1. The Holdco will receive a charitable tax receipt for the FMV of the securities.

2. The Holdco will pay no tax on the capital gains deemed to have been realized.

3. The full capital gains deemed to have been realized can be used to increase the value of the CDA, allowing for larger tax-free withdrawals from the Holdco.

4. Upon the death of the shareholder, his or her estate will pay less tax than would otherwise be the case. The value of the Holdco will have been reduced by the amount of the donation and any related tax-free withdrawals.

5. If an insurance policy is purchased, the proceeds will flow into the CDA upon the shareholder’s death. These proceeds can then be distributed to the shareholders estate tax-free.

$30 million: a transformational gift to SickKids

Posted in: Dec 2010, Donor Den, Quarterly|Tags: Donors Making a Difference |December 8, 2010

$30 million: a transformational gift to SickKids

Are you helping your clients’ with their aspirations to leave a legacy?

In the US, about 80% of charitable giving is done through advisors. The numbers are nowhere near as high in Canada, but the trend of giving through the advisory channel is on the rise. Philanthropy is playing an increasingly important role in financial planning and advisors need to be prepared to address this topic with their clients. You play a critical role in influencing your clients to make important decisions that will help them to leave a legacy.

Are you ready? If not, get informed. Integrating gift planning into the overall wealth management plans of your clients is key to future success with your clients. They expect advisors to understand different donation strategies and help them to maximize their charitable gifts while minimizing their tax burdens.

Canadians are a giving people. Just consider this recent example

Believed to be the single largest private gift to paediatric cancer in North America, a transformational gift of $30 million was donated to The Hospital for Sick Children (SickKids) in October 2010. The gift will establish the Garron Family Cancer Centre and allow SickKids to help more children survive their cancer diagnosis.

“We are privileged to support one of the most respected children’s hospitals in the world,” said donors Myron and Berna Garron. “Our son was treated for cancer at SickKids for many years and we will never forget the dedication and level of care he received. We are confident this gift will lead to more positive outcomes for cancer patients and their families.” “The Garron family has had a 40-year relationship with SickKids,” said Ted Garrard, President and CEO of SickKids Foundation. “Their past support and this magnificent new donation demonstrate the family’s deep commitment to philanthropy and to making a real difference in paediatric cancer care and research.”

In 1975, the Garrons’ son Michael passed away at the age of 13 from synovial sarcoma, a rare, soft tissue cancer. Michael received treatment at SickKids. In addition to this donation, the Garron family, through the Michael Albert Garron Foundation, has donated more than $1.3 million to SickKids in support of vital equipment to support cancer diagnoses and research projects to find new treatments for cancer patients. “The impact of donations, such as the one from the Garron family, is immeasurable,” said Dr. James Whitlock, Chief of Haematology/Oncology at SickKids. “This gift helps SickKids stay at the forefront of paediatric cancer care and research and will ultimately help children with cancer to live longer, more fulfilling lives.”

Investment Strategies in Charitable Giving

Posted in: Advisors Corner, Dec 2010, Gift Planning Education, Quarterly|Tags: Advisor Updates, Gift Planning Ideas |June 15, 2010

Investment Strategies in charitable giving

A self-study online course with CE credits

Learn at your own pace and earn valuable CE credits with this new course on charitable giving written by Benefaction’s CEO.

Canadians are becoming more philanthropic; giving more every year to causes that are important to them, but there is today a major change in the world of philanthropy—people want to be in control of how they give. They are holding the organizations accountable for the money and want to see how it is managed. They’re becoming far more demanding in wanting to maximize the impact of their donations. This course is to assist financial advisors who want to ensure their clients’ gifts complement their overall wealth management strategy in a tax-effective manner.

Click here to learn more and enroll today! Investment Strategies in Charitable Giving

Content Description & Key Concepts:

1. Why Philanthropy?
2. Charity Law and Taxes
3. Life Stage Planning
4. Charitable Bequests
5. Gifts of Securities
6. Gifts of Life Insurance
7. Donor Advised Funds
8. Income Producing Gifts
9. Other gifts
10. Issues for Advisors

Key Benefits For The Students

• Learn how to integrate charitable giving strategies into your annual financial reviews
• Learn how to use charitable giving as a way to build your business
• Discover how to plan and implement the partnerships with the charities selected by your clients
• Help clients to decide whether they want to give directly, start their own charity, give through an endowment, or use donor-advised funds
• Determine which financial tools and techniques are appropriate for certain client situations
• Understand your role in terms of your clients’ charitable giving

Certified Skill Sets:

Using case studies and exams, students will learn to convey the process behind some of the most powerful gift planning concepts used by financial advisors to maximize charitable gifts while minimizing taxes for clients.

• Learn the different benefits for donors of different gift types and determine which are most appropriate for your clients.
• Understand the main components of charity law and taxes that can affect gift plans.
• Complete the case studies to test your new skills in defining gift plans for clients using charitable bequests, gifts of securities, gifts of life insurance, donor advised funds, real estate and other gifts.
• Familiarize yourself with the potential pitfalls of charitable giving including how to look out for those tax shelter schemes not acceptable to CRA.
• Discover how to find resources to assist you in the development of a client’s gift plan.

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Benefaction is a public foundation registered with the Charities Directorate of the Canada Revenue Agency (CRA). Benefaction is authorized to receive philanthropic donations, issue official donation receipts and make grants to registered charities and other qualified donees through the donor-advised funds and endowment funds we administer. Charitable Registration No. 80421 3759 RR0001.