Congratulations – you have incorporated your nonprofit. That is a real milestone, and it probably felt like the finish line.

It is not.

If one of your goals is to issue official donation receipts so your donors can claim a tax credit, there is another significant process ahead. And it is one that catches many newly incorporated nonprofits completely off guard.

Incorporation and Charitable Status Are Not the Same Thing

Many people assume that once their nonprofit is incorporated, they can automatically issue tax receipts for donations. That is not the case.

The ability to issue official donation receipts – the kind your donors can use when they file their taxes – comes from being a registered charity with the Canada Revenue Agency (CRA). Incorporation gives you a legal entity. CRA registration gives you the authority to receipt donations. These are two separate things, governed by separate rules.

You can be incorporated and not a registered charity. You can theoretically be a registered charity without being incorporated. And you can spend a lot of time and energy building your organization only to discover that what you have built does not actually qualify – or is not structured in a way that makes qualification straightforward.

The CRA Application Is Not a Simple Form

Applying to the CRA for charitable registration is a detailed, document-heavy process. The CRA will want to understand exactly what your organization does, who it serves, and how it operates. They all review your governing documents – your articles and bylaws – to ensure your purposes and activities fall within what Canadian law recognizes as charitable.

And here is something that surprises many people: not every worthy cause qualifies as charitable in the legal sense. The legal definition of “charitable” has a specific meaning that has developed over centuries of legal history, and it does not always align with what most of us would consider a good cause in everyday terms.

If your governing documents are not drafted with CRA’s requirements in mind – or if your stated purposes are too broad, too vague, or simply do not fit within a recognized charitable category – your application can be delayed, sent back for revision, or refused.

Your Corporate Structure Matters More Than You Think

The decisions you made when you incorporated – or that were made for you if you used an online service – can have a real impact on how smoothly your charitable registration goes.

Certain provisions in your articles and bylaws are effectively required by the CRA. Others can raise red flags. If your governing documents need to be amended before you can successfully apply, that is extra time, extra steps, and in some cases, a return trip to the incorporating authority before you can even move forward with CRA.

This is one of the reasons we often encourage people to think about charitable registration before they incorporate – not after. Getting the structure right from the beginning is almost always easier than fixing it later.

Once You Are Registered, The Obligations Do Not Stop

Obtaining charitable status is not a one-time achievement you can set aside. Registered charities have ongoing obligations – annual returns to file, records to maintain, rules about how funds can be used, restrictions on certain activities, and requirements around how receipts are issued. Failing to comply with any of these can put your registration at risk.

The CRA can suspend, revoke, or annul charitable status. Losing registration after you have built donor relationships and programs around it is a serious disruption – and in some cases, the consequences extend beyond the organization itself.

This Is Where Good Legal Advice Pays for Itself

This process is not simple, but it is traversable – with the right guidance.

At McKercher LLP, we work with nonprofit organizations at every stage, from initial incorporation through to charitable registration and ongoing compliance. We will review where you are starting from, identify any structural issues that need to be addressed, help you put together an application that accurately and compellingly represents what your organization does, and make sure you understand your obligations once registration is granted.

If you have recently incorporated a nonprofit and want to understand what it takes to issue tax receipts, we would be glad to sit down with you and map out the path forward.

Visit our Non-Profit, Charitable, and Religious Organizations webpage to learn more!

This article, You Have Incorporated Your Nonprofit. Now How Do You Start Issuing Tax Receipts? is part of a blog series of frequently asked questions relating to business law in Saskatchewan, written by Saskatoon Partner, Nikki A. Rudachyk.

Follow McKercher LLP on LinkedIn to be notified when the next article in this series is published.

This post is intended for general information purposes only and does not constitute legal advice. Please contact your lawyer to discuss your specific circumstances.

About the Author:

Nikki A. Rudachyk is a partner in the McKercher LLP Saskatoon office where she assists numerous clients with finance, commercial land transactions, and general business matters. 

About McKercher LLP:

For 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province’s largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.

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