The governing statute is the Income Tax Act (R.S.C. 1985, c. 1 (5th Supp.)), which makes both the individual credit and the corporate deduction conditional on an official donation receipt containing the information listed in Regulation 3501. Beyond the statement that it is an official receipt for income tax purposes, it must show the charity's name, address and registration number as on file with the CRA, a unique serial number, the place and date of issue, the date or year of the gift, the donor's full name and address, the amount of the gift, any advantage, the eligible amount, an authorized signature, and the CRA's name and website address. A gift in kind requires the exact date of the gift, a brief description of the property and, if appraised, the appraiser's name and address. Auditors work from the CRA guidance on the information required on an official donation receipt.
The amount follows the split-receipting rules of subsections 248(30) to 248(41). The eligible amount is the fair market value of the property minus any advantage, and an advantage of nominal value (the lesser of 10% of the gift and a fixed de minimis amount set by the CRA) can be disregarded. When the advantage exceeds 80% of the value, the transfer is presumed not to be a gift unless the donor satisfies the Minister of an intention to give. Under subsection 248(35), property acquired less than three years before the gift is deemed to be worth no more than its cost to the donor, subject to the exceptions in subsection 248(37), such as listed securities and inventory.
Sanctions are graduated. Under subsection 188.1(7), a non-compliant receipt costs 5% of the eligible amount, 10% for a repeat within five years; false information attracts a 125% penalty under subsection 188.1(9) and can lead to suspension of receipting privileges under section 188.2. Regulation 5800 requires duplicates to be kept for at least two years after the end of the calendar year of the gift. A charity that cannot produce the duplicate of a receipt it issued is in breach, even if the original was perfect.