Jewish organization loses charitable status

TORONTO — The Canada Revenue Agency (CRA) has stripped a Jewish organization of its charitable status after finding its primary purpose was to serve as part of a tax-avoidance scheme.

In a letter to the Choson Kallah Fund of Toronto, Terry de March, director general of the CRA’s charities directorate, stated that the organization’s charitable status will be revoked, preventing it from issuing official donation receipts. Choson Kallah is no longer exempt from paying tax, unless it qualifies as a non-profit organization, and it may be taxed on its remaining assets, CRA stated.

“It remains our view that the charity has willingly lent its name and tax-receipting privileges to the tax shelter in exchange for monetary compensation. In our view, the charity has participated in a program designed to abuse the charitable gifts incentive provisions of the Income Tax Act,” stated a CRA document outlining the reasons behind the revocation.

“Between 2004 and 2005, the charity issued receipts in excess of $177 million, or 90 per cent of the charity’s total income, for donations of pharmaceuticals earmarked for international programs… In 2006 alone… the charity issued receipts totalling over $131 million,” far above the charity’s previous average of between $4 million to $6 million per year, the CRA said.

In receiving the pharmaceuticals and issuing tax receipts “the charity was merely operating as the receipting agent in this arrangement – issuing receipts for property it did not see, need or want and passing this property to a third-party organization,”the CRA said.

In exchange, Choson Kallah received a little more than one per cent of the value receipted, from which it paid a fee to an administrator, the letter stated. The charity did not attempt to independently verify the values of the donations for which it issued receipts, the agency said.

The CRA noted the charity netted only .05 per cent of the value of the donation receipts after expenses, and it failed to maintain the documentation necessary to prove recipients of allocated funds met the definition of charity required by law. Some recipients were not suffering poverty, but received money for wedding assistance, fertility treatments and to pay private debts.

Rabbi Eli Gross, president of Choson Kallah Fund, said the decision will be appealed.

“Right now, I don’t think I will be able to continue our good works,” Rabbi Gross is quoted as telling the Toronto Star. “I don’t know the mechanics of the tax fund, the legality of it or how it works.”

He told the Star that Choson Kallah has been operating for more than 20 years. It started as a small operation that helped people get married, but grew to provide $4 million in poverty relief, mostly to Israel.

Choson Kallah did not return calls from The CJN.

The CRA stated it 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.”

In the past few months, the International Charity Association Network and the Banyan Tree Foundation were stripped of their charitable status. Last week, the CRA stated in a news release it had “revoked the status of the Canadian Amateur Football Association as a registered Canadian amateur athletic association,” with the power to issue tax receipts for gifts or donations.