•Donative
intent required
–Must have a clear donative intent by the donor to benefit
the charity
–Donative intent will generally be presumed if the fair
market value of the advantage does not exceed 80% of the value of
the gift
–Note that if the value of the advantage to the donor
is greater than 80% of the FMV of the gift, then the registered charity
cannot issue a tax receipt unless the donor is able to establish to
the satisfaction of the Minister that there was an intention
to make a gift
•