Ottawa, Ontario, September 20, 2013. . . The Canada Revenue Agency
(CRA) will revoke the registration of the ISNA Development Foundation, a
Mississauga-based charity. The notice of revocation will be published
in the
Canada Gazette with an effective date of September 21, 2013.
On August 20, 2013, and in accordance with subsection 168(1) of the
Income Tax Act,
the CRA issued a notice of intention to revoke the registration of the
ISNA Development Foundation as a charity. The letter stated, in part,
that:
“On the basis of our audit, we have concluded that the Organization
has: ceased to comply with the requirements of the Act for its continued
registration; failed to comply with or contravened any of sections 230
to 231.5 of the Act; issued a receipt for a gift or donation otherwise
than in accordance with the Act and its Regulations; and failed to file
an information return as required under the Act.
Our analysis of the information obtained during the course of the
audit has led the CRA to believe that the Organization had entered into a
funding arrangement with the Kashmiri Canadian Council/Kashmiri Relief
Fund of Canada (KCC/KRFC), non-qualified donees under the Act, with the
ultimate goal of sending the raised funds to a Pakistan-based
non-governmental organization named the Relief Organization for Kashmiri
Muslims (ROKM) without maintaining direction and control. Under the
arrangement, KCC/KRFC raised funds for “relief work” in Kashmir, and the
Organization supplied official donation receipts to the donors and
disbursed over $281,696 to ROKM, either directly, or via KCC/KRFC.
Our research indicates that ROKM is the charitable arm of
Jamaat-e-Islami, a political organization that actively contests the
legitimacy of India’s governance over the state of Jammu and Kashmir,
including reportedly through the activities of its armed wing Hizbul
Mujahideen. Hizbul Mujahideen is listed as a terrorist entity by the
Council of the European Union and is declared a banned terrorist
organization by the Government of India, Ministry of Home Affairs, under
the
Unlawful Activities (Prevention) Act of 1967.
Given the commonalities in directorship between ROKM and
Jamaat-e-Islami, concerns exist that the Organization’s resources may
have been used to support the political efforts of Jamaat-e-Islami
and/or its armed wing, Hizbul Mujahideen.”
The Government of Canada has made it clear that it will not tolerate
the abuse of the registration system for charities to provide any means
of support to terrorism. Canada’s public policy recognizes that the tax
advantages of charitable registration should not be extended to
organizations whose resources may have been made available, knowingly or
unknowingly, to a terrorist entity, whether such financing is direct or
indirect through organizations that claim to have nominally
“charitable,” social, or cultural aims.
A copy of the notice of intention to revoke and other letters
relating to the grounds for revocation are available to the public on
request, in the language they were originally written, by calling
1‑800‑267‑2384.
An organization that has had its registration as a charity revoked
can no longer issue donation receipts for income tax purposes and is no
longer a qualified donee under the
Income Tax Act. The
organization is no longer exempt from income tax, unless it qualifies as
a non-profit organization, and it may be subject to a tax equal to the
full value of its remaining assets.
Registered charities perform valuable work in our communities, and
Canadians support this work in many ways. The CRA regulates these
organizations through the
Income Tax Act and is committed to
ensuring that they operate in compliance with the law. When a registered
charity is found not to comply with its legal obligations, the CRA may
revoke its registration under the
Income Tax Act.
For more information about the registration of Canadian charities, go to the CRA’s Charities and Giving Web page at
www.cra.gc.ca/charities.
Canada Revenue Agency
This a a reproduction copy of an official work that is published by the Government of Canada and that the reproduction has not been produced in affiliation with, or with the endorsement of the Government of Canada.