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Grex > Coop6 > #102: FYI - The IRS and Grex Dues | |
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chelsea
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FYI - The IRS and Grex Dues
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Feb 9 02:57 UTC 1995 |
I think it was the spring of 1984 when I first sent a letter to the IRS
asking for advice on aspects of 501(c)3 status, what constitutes a token
gift as compared to a membership perk, and specifically about the
"deductiblity" of Grex dues. Last December, when discussion here had again
turned to the same questions and we hadn't as yet received a reply, I sent
off a second letter.
A few days ago danr (Grex's treasurer) received the following response.
I'm entering it here as information for those who are interested in
such things.
---------------------------------------------------------
Date: January 31, 1995
Dan Romanchik
Cyberspace Communications, Inc.
2113 Arborview
Ann Arbor, MI 48103
Dear Mr. Romanchik:
This is in response to your letter dated December 18, 1994, regarding
the deduction of dues as a charitable contribution.
If a member receives a benefit for his membership fees, such as
the ability to post news and to connect to Internet, their membership
fee would not be considered a donation.
I am enclosing the forms necessary to file for exempt status. An
organization that requests exemption under 501(c)(3) of the Internal
Revenue Code must file within 15 months of the month in which they are
formed unless they meet certain exceptions. This information can be
found in the enclosed Publication 557, Tax-Exempt Status for your
Organization.
If you have any further questions, please contact me at the address
or telephone number shown in the heading of this letter.
Sincerely,
Myrna Huber
Internal Revenue Agent1
---------------------------------------------------
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| 48 responses total. |
chelsea
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response 1 of 48:
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Feb 9 03:05 UTC 1995 |
As an added note I'd strongly suggest Grex's Board authorize the treasurer
to hire an accountant to file (or advise us on) necessary state and
federal tax obligations. We probably won't owe much but should we get
into a position where there is interest or penalties the bill could become
uncomfortable. We need professional advice on a number of these issues.
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ajax
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response 2 of 48:
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Feb 9 03:16 UTC 1995 |
Wow, that doesn't leave much room for misinterpretation! Just when I was
starting to think co-op discussions never yielded concrete answers... :-)
501(c)3 may attract more/bigger donations anyway; if people give amounts
over the membership fee, or donate but don't want membership, it would be
deductable. Equipment donations would be a benefit as well.
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popcorn
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response 3 of 48:
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Feb 9 04:44 UTC 1995 |
Mary, if you have a copy of the letter you mailed to the IRS (that
#0 is a response to), if you'd be willing to type it in, I'd be
interested to see it.
Thanks!!
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carson
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response 4 of 48:
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Feb 9 05:28 UTC 1995 |
I don't think Grex falls under the "within 15 months" window, so
it'd be interesting to see what sort of exceptions the IRS makes
to that rule. The letter only hinted that there were exceptions,
pribly because of the length and detail explanation might require.
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rcurl
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response 5 of 48:
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Feb 9 17:14 UTC 1995 |
The "within 15 months" is concerned with the deductibility of gifts made
prior to application for 501(c)3 status. The statement in the letter about
the deductibility of dues is written with some unstated assumptions,
apparently that those services and dues are a quid-pro-quo. However on
grex, even currently, only a very small part of the available
services/uses are reserved for members, and hence only a very small part
of the dues would not be deductible. This amount would have to be
ascertained, and announced (I recall there is a lower limit, below which
all of dues are deductible - for example, a newesletter is allowed,
without reducing deductibility).
I certainly agree that getting expert advice is better than what amateurs
and volunteers can provide, though amateurs and volunteers can accomplish
a lot (and have).
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ajax
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response 6 of 48:
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Feb 9 18:50 UTC 1995 |
Hm, guess there is still room for interpretation :). I'd *think* if a
fraction of dues should be deductible, because only a bit pays for
telnet/ftp/etc, then we should sell telnet/ftp/etc separately for that
bit price...but I dunno, I'm a programmer, not a lawyer! :)
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rcurl
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response 7 of 48:
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Feb 9 20:29 UTC 1995 |
Grex doesn't sell anything - except T-shirts (mugs?), and donated stuff
at JCC sales. There is a significant question as to how to value a
*small* part of internet use, out of all that is open to anyone, free.
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chelsea
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response 8 of 48:
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Feb 9 23:17 UTC 1995 |
The text of the letter is at /u/chelsea/irs.txt.
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chelsea
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response 9 of 48:
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Feb 9 23:22 UTC 1995 |
I'd be happy to enter here, in this item, but when you add
both the letter of explanation and the conference discussion
excerpt, all of which was sent to the IRS, you're somewhere
around 400 lines.
To those unfamiliar with reading files here is what you type
at any OK: or RP: prompt:
!cat /u/chelsea/irs.txt | more
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mdw
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response 10 of 48:
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Feb 10 00:27 UTC 1995 |
If the 15 month figure applies to incorporation/501c3, that would merely
be a technical obstacle. The solution would be to reorganize; form a
new corporation, transfer the assets, dissolve the old corporation.
Since something obviously kept the old corporation from getting 501c3,
you'd probably take advantage of the reorganization to make other
changes to increase the chances of getting 501c3.
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tsty
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response 11 of 48:
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Feb 10 03:34 UTC 1995 |
There are a multitude of variants of 501(c)3 stuff, the M-b0x is
ruminating on their 1023 form and it's obigations.
The M-b0x has also (in light of the IRS-shakes) gotten to
be a tad meaner of a place, imo.
We should be wary of the cons as well as the pros and *variants*
of this stuff, or is that self-evident?
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rcurl
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response 12 of 48:
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Feb 10 06:51 UTC 1995 |
There is so much interest (?) in that 15 month limit, I will quote the
condition (from Pub 557 - everyone should have one):
"Most organizations described in this chapter that were organized after
October 9, 1969, will not be treated as tax exempt unless they apply for
recognition of exemption by filing Form 1023 with their key District
Director. Such organizations will not be treated as tax exempt for any
period before they file Form 1023, unless they file the form within 15
months from the end of the month in which they were organized. If the
application is filed within this 15-month period, the organization's
exemption will be recognized only for the period after the application is
received by the Internal Revenue Service."
Note the "most organizations". There is another provision that
organizations only need file for recognition of exemption if their
donation income exceeds $15,000 over a three year period.
Grex has exceeded the 15-month period, so it appears that donations prior
to when we do file for recognition are not tax exempt, except for that
period during which our income over three years was below $15,000.
[Warning: nothing I say, or that the IRS says, may apply in the event
of an audit.]
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danr
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response 13 of 48:
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Feb 11 13:18 UTC 1995 |
I went to the IRS on Monday, and got the necessary forms (Form 990).
The instructions state that organizations do not have to file if
their income is less than $25,000/ year. The IRS person I spoke to
there also told me that we would not have to file if our income was
less than $25,000/year.
I do plan to contact the Accounting Aid Society and get their opinion
on this matter. I hope to have more information on what we need to
do at the board meeting.
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srw
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response 14 of 48:
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Feb 11 15:43 UTC 1995 |
I would definitely look forward to that -- thanks.
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aaron
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response 15 of 48:
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Feb 11 20:58 UTC 1995 |
re #12: Tax exemptions are not retroactive.
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tsty
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response 16 of 48:
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Feb 17 22:30 UTC 1995 |
... <<but +taxes+ are ..... how'd that happen>....
setenv DRIFT off
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nephi
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response 17 of 48:
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Feb 28 08:24 UTC 1995 |
What did the Accounting Aid Society have to say, danr?
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tsty
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response 18 of 48:
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Mar 6 08:27 UTC 1995 |
hello?
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ajax
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response 19 of 48:
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Mar 6 15:59 UTC 1995 |
Here's an excerpt from M-Net's policy conference. They recently
met with an attorney to discuss continuation of their 501c3 status.
I'm not implying that any of it pertains to Grex, as it addresses
issues specific to M-Net's current status and situation, but it's
an interesting read nonetheless. Point 2 should particularly offend
Grex's sensibilities, but is probably due to their current filing
as an educational organization or something :).
--------------------------------------------------------------------
"Item 417 entered Fri, Mar 3, 1995 (11:38) by Craig A. Plesco (craig)
ARBORNET ATTORNEY ADVICE
Summary of document received from Arbornet's attorney, in regard
to a meeting at the end of February 1995 with Craig Plesco,
Arbornet President, and Joseph Saul, Arbornet Secretary:
Point 1:
The operation of Arbornet has changed since original correspondence
with the I.R.S. More specifically, the bylaws now reflect that we
are operating on a membership basis, rather than a directorship basis.
Advice for amending articles of incorporation with the State of
Michigan and filing of these changes with the I.R.S.
Point 2:
The organization needs to refocus its efforts on establishing
conferences of an educational nature and cease creating conferences
that provide solely entertainment value.
Point 3:
Need to expand the current system to include more information with
regard to community related events. Examples given such as
community bulletin board notifying Ann Arbor area residents of
local events, perhaps AA City Council meetings, Zoning Board meetings,
and other city commission meetings. Perhaps direct link to
the mayor and city council of Ann Arbor.
Point 4:
Charging membership fees for services would not adversely impact
our tax-exempt status. All individuals, irrespective of membership
category or whether or not they are members, will have access to
the educational and community related services provided. Those
individuals who pay membership dues are provided greater access
to the system without adverse impact on tax-exempt status.
Point 5:
Access to the Internet is not considered a part of the tax-exempt
function.
Point 6:
Sales tax license will be required for the JCC type events.
Point 7:
A charitable solicitation license will not be required until
we believe we will exceed $8,000 in donative income in a future
fiscal year. Donative income does not include membership dues,
resale of computer equipment and sale of manuals.
Included are individual gifts and grants.
--------------------
The previous is a summarization of the follow-up letter from the attorney.
Under his advice, we will not be providing copies of our corporate
documents to the general public, however, summaries such as the above,
summary financial statements, and meeting minutes will be posted.
In addition, from my own notes, the main points I gathered were:
- Bylaws updates need to be filed with the I.R.S.
- We should watch unrelated income sources. In discussion,
it was recommended that we combine the M-Net Manual with the
Internet Guide, as the latter is questionable in relationship
to our mandate. T-Shirt sales have a special exemption.
- Charging fees for services does not present a problem.
It was indicated that we could theoretically charge everyone,
as long as our services were related to education.
- We are mandated to provide education, not charity.
We must concentrate on this area and it should be the basis
for our every function. As well, we should provide access
to community information.
- The Internet access in and of itself does not fit into our
business operations mandate. It would need to be educational
in nature, as our intent and our motivation.
- Computer conferencing should be educational. All new conferences
should follow suit. Non-educational type conferences can fall off
by attrition. We need to have educational intent, but do not need
to over-police the conferences and wipe out non-educational items.
A conference which deviates largely from its educational basis
should be reviewed on a total basis."
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gregc
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response 20 of 48:
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Mar 6 17:13 UTC 1995 |
This has been the main reason I've been against 501c3. Everyone has been
looking at this from a "If we get 501c3, then lots of companies will be
more willing to donate equipment and $$$ to us." But at what cost? In order
to get 501c3 status we have to come up with a very rigorous plan that shows
we are performing some form of charitable community service, and then we
have to make that plan our *prime* focus. I really believe this goes against
Grex's independent, no-strings-attached philosophy.
We are doing ok with our current memberships/funddrives/equipment donations.
I say we forget 501c3 and continue on our current path.
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lilmo
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response 21 of 48:
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Mar 6 22:08 UTC 1995 |
I disagree. I think every avenue ought to be explored until:
1. Positive results, or
2. Confilcts with ideals, or
3. Otherwise becomes unworkable.
In any case, the option should be explored until we are reasonably SURE
which category it falls under.
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mwarner
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response 22 of 48:
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Mar 6 23:03 UTC 1995 |
One short excerpt from one attorney's opinion of what constitutes a valid
501c3 hardly tells the whole story. In a broad sense grex is about public
access and not education. The type of conferences found here is not any
issue, as that is not in the control of grex (or on M-net either) and
never has been. How could that represent a change?
Some people (including attorneys) seem to think that being educational
just means "doing educational-like activities" when in Michigan , under
certain circumstances it is much more specific than that. "Educational"
means doing some exact thing that a state run education institution wants
done but is not doing for itself. That makes "education" an iffy place to
hang a 501c3 hat. But education is hardly the only valid reason to have a
not-for-profit corporation.
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gregc
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response 23 of 48:
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Mar 6 23:25 UTC 1995 |
I should have been more clear. I wasn't basing my opinion of 501c3 on
simply the text from Mnet. I've had dealings with other organizations in
the past who tried to get 501c3. The same thing happened. I've been against
501c3 on Grex since the day it was first brought up.
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rcurl
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response 24 of 48:
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Mar 6 23:31 UTC 1995 |
Providing services to the public without cost that would otherwise (have
to) be provided by community agencies supported by taxes, is the essence
of charitable behavior. These can include educational functions, and these
"count" in the charitable mix. However to be *classified* as an
educational non-profit essentially requires that you are a school, with
classes. I agree with mwarner in this respect.
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