Appendix: CRA Opinion Letter - November 5, 2009
Can a Canadian non-profit under 149(1)(l) earn a profit. Does it matter if the profit is intentional and/or will be used
to further the organization’s purposes?
LANGIND E
DOCNUM 2009-0337311E5
AUTHOR Zannese, Lisa
DESCKEY 25
RATEKEY 2
REFDATE 091105
SUBJECT 149(1)(l) Organizations
SECTION 149(1)(l)
Please note that the following document, although believed to be correct at the time of issue, may not represent the
current position of the CRA.
Prenez note que ce document, bien qu’exact au moment émis, peut ne pas représenter la position actuelle de l’ARC.
PRINCIPAL ISSUES: (i) Can a 149(1)(l) organization earn a profit? (ii) If the profit is intentional but used to
fund the activities of the organization will the organization qualify for the 149(1)(l) exemption from tax? (iii) Can a
149(1)(l) organization engage in commercial activities? (iv) Does the CRA maintain a list of organizations that
qualify for the exemption provided by 149(1)(l)?
POSITION: (i) Yes, but only if incidental and generally unanticipated. (ii) No (iii) Yes (iv) No
REASONS: (i) To qualify for the exemption an organization cannot be organized or operated with a purpose of
earning a profit. (ii) It does not matter what the profit is used for, a 149(1)(l) organization cannot have any profit
earning purpose. (iii) Paragraph 149(1)(l) does not restrict an organization to any particular activities, other than
requiring activities not to be undertaken for profit. (iv) The CRA does not maintain a list of 149(1)(l) organizations
as these organizations are not required to register with CRA.
XXXXXXXXXX 2009-033731
L. Zannese
(613) 957-2747
November 5, 2009
Dear XXXXXXXXXX :
Re: Tax Exemption-149(1)(l)