Article Published on: October 1, 2022
Crowdfunding: Taxable or Not?
A June 2, 2022 Technical Interpretation discussed the taxability of funds received through crowdfunding campaigns. CRA first noted that amounts received through a crowdfunding arrangement could represent loans, capital contributions, gifts, income or a combination of two or more of these. This means that the funds received could be taxable (such as business income) or not (such as a windfall, gift or voluntary payment). As the terms and conditions for each campaign vary greatly, the determination of tax status must be conducted on a case-by-case basis.
Where an amount is not a windfall, gift or other voluntary payment, the amount may be taxable if it constitutes income from a source. To be a non-taxable gift or other voluntary payment, the following conditions must be met:
- there is a voluntary transfer of property;
- the donor freely disposes of their property to the donee; and
- the donee confers no right, privilege, material benefit or advantage on the donor or on a person designated by the donor.
CRA opined that contributions would likely be considered nontaxable gifts in the case of a “Go Fund Me” campaign created by family members of an individual with cancer to assist in that individual’s treatment.
In an August 23, 2019 Technical Interpretation, CRA considered whether an employer’s contribution to their employee’s crowdfunding campaign to assist with the cost of additional therapies and support for the employee’s recently born child would be received in the recipient’s capacity as an employee (taxable) or individual (not taxable).
CRA indicated that, where the person is dealing at arm’s length with the employer and is not a person of influence (such as an executive who controls employer decisions), the benefit or amount would generally be received in the person’s capacity as an individual (non-taxable) where the amount is:
- provided for humanitarian or philanthropic reasons;
- provided voluntarily;
- not based on employment factors such as performance, position or years of service; and
- not provided in exchange for employment services.
If considered non-taxable, CRA opined that, as the contribution was not an expense incurred to gain or produce income, it would not be deductible.
ACTION: Make a list of all arrangements that you and your family have that may be considered a trust or bare trust. Review them with a professional to determine whether they would be subject to the rules. Obtain the relevant information that will be required for the filing of the particular trust returns
Disclaimer: The information is effective as on the date of publication only and is applicable to Ashani Lakhotia CPA Clients. Please consult Ashani Lakhotia CPA if you have any questions.
