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Mandatory Donations on JV Properties-Social Responsibility

Goodstuff

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Be careful what charity you donate to.
<H1 class=docTitle>News release </H1>
The Canada Revenue Agency revokes the charitable status of The Millennium Charitable Foundation

Ottawa, Ontario, January 12, 2009... The Canada Revenue Agency (CRA) has revoked the charitable registration of The Millennium Charitable Foundation, a Toronto-area charity. This revocation was effective January 10, 2009.

On April 2, 2008, the Minister of National Revenue issued a notice of intent to revoke the charitable registration of The Millennium Charitable Foundation, in accordance with subsection 168(1) of the Income Tax Act. The letter stated, in part, that:

Our audit has concluded that from January 1, 2003 to December 31, 2006 The Millennium Charitable Foundation issued in excess of $169 million in receipts for cash and property received through tax shelter arrangements. The Charity, in turn, directed $114 million of the cash and property to two other registered charities also participating in these arrangements. The audit revealed that the vast majority of the cash sent to the other participant charities was subsequently paid to the promoters. Of the remainder, the Charity itself paid $33 million in fundraising fees to the tax shelter promoters and retained, but did not disburse, $21 million in net assets. In fact, it appears that beyond these transfers (i.e., those that the Charity is directed to make by the tax shelter promoters), the Charity has only made a single $2,200 gift to another qualified donee.

It is our position that the Charity has operated for the non-charitable purpose of promoting a tax shelter arrangement and for the private benefit of the tax shelter promoters. The Charity has issued receipts for transactions that do not qualify as gifts, issued receipts otherwise than in accordance with the Income Tax Act and its Regulations, has failed to maintain sufficient books and records to support its activities and has used its income for the personal benefit of its trustees. For all of these reasons, and for each of these reasons alone, it is the position of the CRA that the Charity`s registration should be revoked.

The notice of intent to revoke and other letters relating to the grounds for revocation are available to the public on request by calling 1-800-267-2384.

A charity that has had its charitable status revoked can no longer issue donation receipts for income tax purposes and is no longer a qualified donee under the Income Tax Act. The organization is no longer exempt from income tax, unless it qualifies as a non-profit organization, and it may be subject to a tax equal to the full value of its remaining assets.

Registered charities in Canada perform valuable work in our communities, and Canadians support this work in many ways. The CRA regulates registered charities through the Income Tax Act
and is committed to ensuring that charities operate in compliance with the law. Where a registered charity is found not to comply with its legal requirements, the CRA may apply monetary penalties or may suspend or revoke the charity`s status under the Income Tax
Act
.

The CRA is reviewing all tax shelter-related donation arrangements (for example, schemes that typically promise donors tax receipts worth more than the actual amount of the donation), and it plans to audit every participating charity, promoter, and investor. For more information about tax shelters, go to the CRA`s Tax alert Web page at www.cra.gc.ca/alert.
 

vandriani

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As for a marketing advantage you may want to try something like this in your ads.

"X% of rent goes to the registered charity of your choice."
or
"We will match your donation to a registered charity up to a maximum of $XX per year"

This way you have the tenant choose the charity while still fulfilling your social responsibility.
Sound like a win/win for everyone.

Another option would be to donate to a chairty/association directly involved in the area that the property is located.
 

AndyLuchies

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When I read the initial question, I immediately thought of my wife (who works for Weight Watchers) trying to add me to the diet she was on...haha, imagine the nerve of my lovely wife trying to stand between me and my hostess cupcakes!

1. with matching charities, would that be dollar for dollar to the same charity? There may be some out there that are controversial to one or the other:

example: He wants to donate $1000 a year to PETA, or "Combat Climate Change" or "Jihad against Jews" or whatever charity you don`t agree with, would you still match it? There could be numerous reasons (ethical, religious, etc.) that would set you at odds with JV partner.

2. Is there a way to focus on cultivating an attitude instead of a %? That would seem to portray your true feelings much better than saying "as a matter of principle and personal conviction I will donate X% of profits."
 

Thomas Beyer

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QUOTE (jarrettvaughan @ Mar 12 2009, 06:52 AM)
In an effort to be more socially responsible, I have been thinking about including a non-profit donation line into my cashflow statement.



What I mean is, I would include a donation of 5%-10% of the monthly revenue (not profit or cashflow) in the cashflow statement. ...



Is this a reasonable thing to do?

Is it reasonable to expect my investors to be on board with this?

Is it reasonable to force investors to do this, or should it be optional?

Has anyone else done this?


I think it is a great idea AND a great sales tool .. and I am thinking of incorporating this into our new fund out this fall !



However: 5-10% of RENT is way too high as this will bring your profit to 0 or likely, below 0 due to R&M and principal paydown.



better is an annual 5-10% of distributable cash (if any) or at the exit !!
 

jarrettvaughan

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QUOTE (thomasbeyer2000 @ Mar 20 2009, 03:50 PM)
I think it is a great idea AND a great sales tool .. and I am thinking of incorporating this into our new fund out this fall !




Hi Thomas,



Would you be able to expand on why you think it is a great sales tool? How will you present this concept to the investors?



Also, will you choose the non-profit for the investor or would this be a joint decision? Will it be mandatory?



I look forward to your response.
 

Thomas Beyer

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QUOTE (jarrettvaughan @ Mar 21 2009, 12:37 PM)
Hi Thomas,



Would you be able to expand on why you think it is a great sales tool? How will you present this concept to the investors?



Also, will you choose the non-profit for the investor or would this be a joint decision? Will it be mandatory?



I look forward to your response.


because it appeals to certain investors ..
 

ChrisMewhort

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QUOTE (thomasbeyer2000 @ Mar 21 2009, 06:03 PM)
because it appeals to certain investors ..






Co-signed. One of my favourite facts (albeit I've forgotten the REAL numbers now) was that Volkswagen aimed for 70% of the market to hate the redesigned Beetle and 30% to love it. This maximizes customer passion for the product. As Robert Kiyosaki repeatedly reminds you in his books, this the Information age, not the Industrial age anymore... We have access to so much information it's ridiculous.



Because of this, standing out from the crowd is very important in business these days. I think that while most
investors will shun you for suggesting they GIVE their money away or question you being 100% in the right business mind, some others will be intrigued... and it's a unique selling point.



I dunno of I have the guts to put it in contract like you're suggesting but I absolutely admire the concept and generosity. I think that as you mull it over and refine the idea it'll become a stronger pitch. Good luck!



Chris
 

jarrettvaughan

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QUOTE (ChrisMewhort @ Mar 22 2009, 02:43 AM)
Volkswagen aimed for 70% of the market to hate the redesigned Beetle and 30% to love it. This maximizes customer passion for the product.



it's a unique selling point.



Chris




Chris and Thomas,



I think that you have made very interesting points. In response to this (playing devils advocate), is there enough investment competition in the market place that we as RE investors need to have a USP?
 

Thomas Beyer

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QUOTE (jarrettvaughan @ Mar 22 2009, 06:16 AM)
Chris and Thomas,



I think that you have made very interesting points. In response to this (playing devils advocate), is there enough investment competition in the market place that we as RE investors need to have a USP?


hmmmm .. let's look at these stats re potential competition for investment $s: 3000+ REIN members .. 30+ private syndicators I know of .. 2000+ mutual funds in Canada alone .. 30,000 in the US .. 40,000+ stocks .. 5000+ financial planners ...



It is ESSENTIAL that you have a unique selling proposition ..
 

jarrettvaughan

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QUOTE (thomasbeyer2000 @ Mar 22 2009, 08:46 AM) hmmmm .. let`s look at these stats re potential competition for investment $s: 3000+ REIN members .. 30+ private syndicators I know of .. 2000+ mutual funds in Canada alone .. 30,000 in the US .. 40,000+ stocks .. 5000+ financial planners ...

It is ESSENTIAL that you have a unique selling proposition ..

With those numbers, who could disagree.

One last questions. If you do adopt this principle, who`s name is the donation submitted in, or can it be submitted in your name and theirs? I can see many issues coming about if you it is your name as the investor will want to have the tax benefits.

Is there anyway around this or knowledge you have to make the expert and the investor happy?
 

zoo

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Charitable giving is the most enjoyable when it comes from a response of the heart.

In this country we are fortunate. The goverment gives us a receipt for a chunk of our charitable giving. I think it is also fun at say Christmas time saying to a partner, one you have a good relationship with, how about matching my 500 ( whatever) for World Vision to feed the hungry (or some such reputable project). It`s a cooperative act and bonds the relationship too.

Of course the bulk of charitable giving works best if it is calculated and systematic. My 2 cents.

Phil
 

Dan_Eisenhauer

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In a word... NO. It is not reasonable to force your compassion on others, no matter how laudable your motive is.

Others have done a great job at discussing this, and I would just be repeating.

But, what about the person who may be relying on 100% of that income for their own living? What about the JVP who is not interested in your charitable organization? How are you going to police it to ensure the JVP actually donates the money?
 
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