Registration, operation and tax characteristics of non-profit organizations

What is the Canadian Not-for-Profit Corporations Act?

Canadian Not-for-profit Corporations Act,

The NFP Act, also known as the NFP Act, is the law governing the internal affairs of federal not-for-profit corporations. It came into effect on October 17, 2011, replacing the Canada Corporations Act (CCA Part II), which previously governed federal not-for-profit corporations.

What are the benefits of forming a limited company?

• Separate legal entity: A corporation has the same rights and obligations as a natural person, which means that a corporation can acquire assets; incur debts; enter into contracts; sue or be sued; and even be found guilty of a crime.
• Limited liability: This means that, as a general rule, the company's members are not liable for its debts.
• Continuing Existence: The company will continue to exist even after the death of an individual holding an important position such as the chairman of the board of directors.
• Tax advantages: You can contact the Canada Revenue Agency to inquire about tax benefits relevant to your situation, or you can consult the Golden Key Business Service Center.

Registered in Canada Non-profit organizations What are the benefits?

• Canada Not-for-Profit Corporations Act: Provides new rules that are modern, flexible and better suited to the needs of today's not-for-profit organizations.
• Name Protection: An approved federal name allows a company to operate under that name within Canada.
• Location Flexibility: There is a degree of flexibility with respect to the province or territory in which the corporation is incorporated, the location of the register of corporate records, and the location where annual meetings are held.
• Recognition: Federally registered companies are generally recognized as Canadian companies throughout the world.
• High-quality customer service: Corporations Canada processes the incorporation process and all other service requests as quickly as possible.
• Resources for Not-for-Profit Corporations: Corporations Canada has a variety of ways to help companies get up and running.

Limited Liability Company and Non-profit organizations the difference

When a business generates revenue, it may choose how to use that money. Whether it is a sole proprietorship or a partnership, the business's leaders can reinvest the money in the business, pay it out to shareholders, give them bonuses, or anything else.

In contrast, a nonprofit organization must return any income it earns to the organization. Nonprofits can pay salaries to employees and directors and may be allowed to hold some assets or cash from year to year.

Charities and non-profit organizations

Due to their nonprofit purpose, NPOs are more like charities than commercial corporations. However, while there is much overlap between the two groups, the CRA treats them very differently for tax and registration purposes.

Neither charities nor non-profit organizations are required to pay income tax, and the CRA prohibits both organizations from using their income to provide benefits to members. However, charities operate solely for charitable purposes, while non-profit organizations may operate for social welfare, entertainment, sports, or any non-profit purpose.

For example, if you create an organization that accepts donations to create scholarships for disabled youth to play basketball, you are more likely to be running a charity. However, if you run a nonprofit recreation center where youth can play basketball, you may be running a nonprofit organization.

In addition, charities face more regulation. They must register as charities; when they receive donations from taxpayers, they must issue donation receipts. At the end of the fiscal year, charities and most nonprofits must file a tax return, and nonprofits must also file a T2 form.

If you have any questions about company registration or business consultation, you can contact the Golden Key Business Development Center directly at 416-551-9990