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Policy Forum: How and Why To Legislate the Charity-Politics Distinction Under the Income Tax Act

Author

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  • Adam Parachin

    (Faculty of Law, Western University)

Abstract

The common law directly regulates the purposes but not the activities of charities. On balance, the "purpose-focused" methodology of the common law of charity works surprisingly well. However, its strength--flexibility--can be a liability in contexts where more exacting standards are desirable. Political activities of charities represent one of these contexts. This article explains (1) why political activities of charities should be directly regulated, (2) why the common law is ill-suited to this task, (3) how the current provisions of the Income Tax Act--subsections 149.1(6.1) and (6.2)--fall short, and (4) how to better legislatively regulate the political activities of charities.

Suggested Citation

  • Adam Parachin, 2017. "Policy Forum: How and Why To Legislate the Charity-Politics Distinction Under the Income Tax Act," Canadian Tax Journal, Canadian Tax Foundation, vol. 65(2), pages 391-418.
  • Handle: RePEc:ctf:journl:v:65:y:2017:i:2:p:391-418
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