Regulating the Foreign Activities of Charities: A Comparative Perspective

Report for the Pemsel Case Foundation, 2017, ISBN: 978-0-9940392-4-8

Sydney Law School Research Paper No. 18/06

46 Pages Posted: 16 Feb 2018  

Natalie Silver

The University of Sydney Law School

Date Written: February 15, 2018

Abstract

The globalization of charity has provided enormous challenges for governments in regulating the foreign activities of charities. As the subsector of charities operating internationally continues to evolve in the wake of new technologies and financing mechanisms used to transfer charitable funds across borders, as well as the advent of new terrorism challenges, it is critical for governments to re-examine their regulatory objectives for charities operating overseas and adjust their strategies accordingly. This paper, commissioned by the Pemsel Case Foundation in Canada, examines the different approaches undertaken in four jurisdictions – Australia, the United Kingdom, the United States and Canada – to regulate the foreign activities of charities. The aim is to inform the development of law and policy for governments seeking to undertake reform in this important area of cross-border regulation.

Keywords: Charitable tax concessions; cross-border charity, cross-border regulation, gift deductibility, globalization, non-profit sector, not-for-profit organizations, tax exemption

JEL Classification: K10, K30, K34

Suggested Citation

Silver, Natalie, Regulating the Foreign Activities of Charities: A Comparative Perspective (February 15, 2018). Report for the Pemsel Case Foundation, 2017, ISBN: 978-0-9940392-4-8; Sydney Law School Research Paper No. 18/06. Available at SSRN: https://ssrn.com/abstract=3124720

Natalie Silver (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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