The Georgia Straight

UBC donor’s gift agreement raises thorny tax questions

- By Charlie Smith

On January 22, 2015, a UBC lawschool alumnus, Peter A. Allard, Q.C., made a whopping $30-million donation to the faculty. In a ceremony that day, the university announced that the law school was being renamed the Peter A. Allard School of Law.

“My gift supports pillars of excellence in human rights, and internatio­nal integrity and ethics, and my hope is that the law school will become a beacon for justice, and the promotion of human rights and the rule of law around the world,” Allard said in a statement on the UBC website.

With his gift, Allard, a nonpractis­ing lawyer and son of Canadian broadcasti­ng tycoon Charles Allard, became the largest donor to any law school in Canada.

Under the law, a person can only receive a charitable-donation receipt if they voluntaril­y transfer a “gift” for no considerat­ion.

In 2016, the Income Tax Act offered a tax-credit rate of 33 percent to donations above the first $200 when a person’s taxable income exceeded $200,000.

“A gift must be given freely. If a gift is made as a result of a contractua­l or other obligation (for example, a court order) a receipt cannot be issued,” the Canada Revenue Agency states on its website.

In recent years, these charitable tax receipts have been issued in connection with naming rights for buildings. There are several of them at UBC.

But Allard wanted his gift to go further than just having his name on a building. He has maintained that his “gift agreement” with UBC also required campus officials to put his name on all degree certificat­es from the law school.

These included graduate degrees for students based on recommenda­tions from the faculty of graduate and postdoctor­al studies.

UBC disagreed, and it went to arbitratio­n.

In 2019, the arbitrator ruled in UBC’s favour. Allard’s name would only appear on certificat­es that mentioned the “faculty of law” and would not appear on graduate degree certificat­es that don’t include the words “faculty of law”.

Allard and the Allard Prize Foundation then sought leave to appeal the arbitrator’s ruling in B.C. Supreme Court. Justice Karen Douglas dismissed their petition.

CANADA REVENUE AGENCY RULES

There are questions arising from the litigation with respect to Allard’s $30-million donation to UBC. Was this indeed a gift made for no considerat­ion? Or was it part of a contractua­l obligation?

In other words, is the “gift agreement” a “contract”? If the Canada Revenue Agency were to conclude that Allard viewed this as a binding contract, would that have any tax implicatio­ns for him personally or for the foundation that bears his name?

The Canada Revenue Agency website states that gifts provided in exchange for advertisin­g or sponsorshi­p generally do not qualify for charitable tax receipts. If Allard wants his name on degrees, could that be construed as advertisin­g his good name? According to the Canada Revenue Agency, when a donor receives an “advantage” for a donation, some or all of the contributi­on may no longer qualify as a gift.

One thing is clear: Allard made a bargain with UBC. If UBC faculty, staff, or students—or any member of the public—are bothered by Allard’s litigation, they have an option. They could ask Canada Revenue Agency to issue a ruling on whether any money that flowed from this gift agreement met the legal test of being a “gift” under Canadian tax law.

 ?? Photo by Martin Dee/UBC. ?? The Peter A. Allard School of Law at UBC received its name after a former student, the son of a Canadian broadcasti­ng tycoon, donated $30 million to the university.
Photo by Martin Dee/UBC. The Peter A. Allard School of Law at UBC received its name after a former student, the son of a Canadian broadcasti­ng tycoon, donated $30 million to the university.

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