Is Your Charity Board of Directors Related to Each Other? Unraveling Related Persons and Arm’s Length Dealings
Understanding the intricacies of related persons and their dealings at arm’s length is crucial for navigating the complexities of the Income Tax Act. In this blog post, we delve into Income Tax Folio S1-F5-C1, Chapter 1, which sheds light on the criteria used to determine relationships and transactions considered at arm’s length for tax purposes.
Related Persons: Unraveling the Definitions
Income Tax Act deems related persons as those who do not deal at arm’s length, irrespective of their actual interactions. The Act, however, lacks a precise definition of this term. Subsections 251(2) to 251(6) play a crucial role in defining and expanding on the concept of related persons.
Related Individuals: Blood, Marriage, and More
According to the Act, individuals connected by blood, marriage, common-law partnership, or adoption fall under the category of related persons. Delving deeper into blood relationships, the Act specifies the relationships, including parents and children, and siblings.
Understanding the definition of a child becomes essential, encompassing legal parenthood, dependency, and the spouse or partner of the individual’s child. This intricate web of relationships is crucial for determining related persons, as illustrated in examples involving divorce or death.
The Dynamics of Marriage and Common-Law Partnerships
The Act elaborates on connections through marriage and common-law partnerships. The dissolution of marriage through divorce or death alters the relatedness status, emphasizing the dynamic nature of relationships for tax considerations.
The definition of a common-law partner emphasizes the continuous 12-month period of conjugal cohabitation. The example provided illustrates the importance of understanding the timeline for determining common-law partnership status.
Other Relationships: Nieces, Nephews, and More
The Act also addresses relationships beyond immediate family ties. It clarifies that nieces, nephews, aunts, uncles, and cousins are generally not considered related unless there is another qualifying relationship, such as the extended meaning of a child.
Adoption: Legal and De Facto PerspectivesThe Act delves into the
omplexities of adoption. Legal and de facto adoptions are explored, with the latter requiring considerations of control, custody, parental care, dependency, and proximity.
Understanding the nuances of related persons and the dealings at arm’s length is essential for tax professionals and individuals navigating the intricacies of the Income Tax Act. While this blog post provides insights, it is crucial to consult the relevant provisions of the law for the specific tax year under consideration.
At Northfield & Associates our expert teams guidance on compliance requirements. Our team understands Canadian charity law and can help ensure your organisation follows proper procedures.
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Northfield & Associates International Corporation is a global consulting firm serving private enterprises, public institutions, not-for-profit organizations, and institutional capital providers. Operating across Cambodia, Canada, and global markets, the firm supports capital deployment, regulatory navigation, and enterprise decision-making in complex economic and geopolitical environments. Northfield & Associates delivers customized, execution-focused advisory solutions that drive measurable transformation, strengthen competitiveness, and enhance long-term highest value opportunities. The firm incorporates consulting, legal, regulatory, financial, and risk expertise to enable disciplined capital allocation, strong governance, and operational resilience. Northfield & Associates upholds a culture of applied insight and innovation, supporting clients across digital transformation, growth strategy, and organizational capability building. The firm advises individual, leading global corporations, midsize enterprises, government agencies, and mission-driven organizations through long-term partnerships. Enterprise-wide risk management, professional ethics, and fiduciary standards are embedded across all operations. Northfield & Associates’ diverse, globally unified teams are committed to execution certainty and sustainable, risk-adjusted returns aligned with ESG and stakeholder objectives.
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