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A donation agreement is a contract between a donor (donation giver) and a donee (donation receiver). The donor can be any entity. However, the donee must be a non-profit organization or a charity. Typically, a non-profit will donate to another non-profit if they have similar goals and visions.
Donations can take many forms. They can include one-time cash payments, recurring cash payments, real estate, personal property, services, and more.
WHAT IS A NON-PROFIT ORGANIZATION?
A non-profit organization can become a registered charity if they meet the requirements. To meet the requirements, the organization must apply to the Canada Revenue Agency (CRA) and fall within the categories of charitable purpose. For example, community benefits such as crisis counselling, poverty relief, and more. Once registered, the CRA will designate the registered charity as either:
Unlike a for-profit corporation, a not-for-profit organization doesn't operate with a view to profit or gain.
HOW TO USE THIS DOCUMENT
This document can be used when a donation is being made to a non-profit organization or a registered charity. The document includes basic information such as the total amount of the donation, the terms of payment, and the purpose of the donation.
Once completed, the parties must print and sign the document (or sign electronically). The parties must keep a copy of the signed agreement for their records.
Specific laws will apply depending on the non-profit organization's business structure. For example, if the non-profit were incorporated under the laws of Ontario, the Not-for-Profit Corporations Act, 2010, S.O. 2010, c. 15 applies. If the corporation were federally incorporated, the non-profit would be governed by the Canada Not-for-profit Corporations Act (S.C. 2009, c. 23).
Also, non-profits, like any other business, will be subject to income tax laws under the Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.)). For example, a registered charity receiving funds must provide an official donation receipt consistent with the Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.)).
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