Application for relief

Policy commentary

Release date
March 20, 2009

Reference number
CPC-029

Subject

Application for disbursement quota relief

Purpose

To clarify the Directorate's policy regarding requests for disbursement quota relief.

Definitions

Disbursement quota: The minimum amount that a registered charity must spend each year on charitable activities carried on by it or on gifts to qualified donees.

Commentary

1. Subsection 149.1(5) of the Income Tax Act provides the Minister with the authority to specify an amount in respect of the registered charity for a taxation year and the charity’s disbursement quota to be deemed to be reduced by that amount. A charity must apply in prescribed form and any relief granted applies only to the particular tax year.

2. Subsection 149.1(20) of the Act allows a charity to apply a disbursement excess from one year to offset a shortfall in the previous year and in the five immediately following tax years. Before relief under subsection 149.1(5) can be granted, a registered charity must use all disbursement excesses available from previous years. Further, the organization must demonstrate that it is incapable of making up any part of the shortfall in the following tax year. Accordingly, the Canada Revenue Agency will not consider requests for relief until all information returns have been filed and processed, and relief will not be granted in advance or in anticipation of a shortfall.

3. The Charities Directorate only grants this relief in situations where the charity is unable to meet its disbursement quota due to unforeseen circumstances beyond the charity's control.

4. In deciding whether to grant disbursement quota relief, the Charities Directorate will:

• review the way the disbursement quota was calculated and confirm that the organization is not in a shortfall situation as a result of a miscalculation
• ensure that there are no available excesses
• look at whether the charity has disbursed all available income
• look at whether the charity is doing everything in its power to meet its disbursement quota (for example, the charity may have unrestricted funds that it can draw on to meet its disbursement quota)

5. A decision on each request is made only after all of the facts and circumstances of the charity's situation have been reviewed.

6. To obtain relief under subsection 149.1(5), the registered charity must complete Form T2094, Registered Charities: Application to Reduce Disbursement Quota, and send it to the Charities Directorate. Note that a separate form must be filled out for each tax year for which relief is being requested.

7. The request for relief under subsection 149.1(5) is not intended as a means to accumulate funds for particular purposes.

References

• Form T2094, Registered Charities: Application to Reduce Disbursement Quota
• Income Tax Act, R.S.C. 1985 (5th supp.) c. 1, ss. 149.1(5) and (20)