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bru
Is grex paying its taxes or dodging them? Mark Unseen   Jul 24 15:16 UTC 1998

So, where do you stand on paying your city taxes?  Has anybody actually called
the city to see, or are you just hoping to avoid the situation by not taking
any action?  What happens when the city is finally informed of your existence
and they come after back taxes?
45 responses total.
janc
response 1 of 45: Mark Unseen   Jul 24 15:48 UTC 1998

I think Mark was researching that.

We aren't interested in avoiding any situations, and we will pay any
taxes we owe.
robh
response 2 of 45: Mark Unseen   Jul 24 16:39 UTC 1998

<robh thinks that whether bru considers himself part of the Grex
community or not, he should still use "our" instead of "your" if
he wants his message to be well-received>
jep
response 3 of 45: Mark Unseen   Jul 24 18:09 UTC 1998

Bruce has said many times that he is alarmed by the move to tax-exempt 
status on the part of Grex.  I'm sure this is another expression of his 
concern, and that it's based on what he perceives as a parallel 
situation for Arbornet.

Arbornet had a big can of worms opened when we found the city would not 
give us a tax exemption; that's how we started finding out about all of 
the other issues related to 501(c)(3) status.  It was the beginning for 
us of the situation which continues to the present, with a whole lot of 
confusion on the part of almost everyone about what the 501(c)(3) means, 
and extreme animosity over the issue, and the near-collapse of Arbornet, 
a situation that exists as I write.

I don't think anyone on Grex is going to be surprised in the same way.  
Bruce seems to think something similar is going to happen to Grex as 
what happened to Arbornet.  It might, I suppose.
scott
response 4 of 45: Mark Unseen   Jul 24 20:49 UTC 1998

I dunno.  Has anything like that happened to ARROW?  They've got a similar
amount of common equipment in an installation.
aruba
response 5 of 45: Mark Unseen   Jul 24 21:18 UTC 1998

I called the city Assessor's office about our taxes, and spoke with them for
quite a while.

It is true that being 501(c)3 does not by itself exempt Cyberspace
Communications from paying personal property taxes.  In order to be
exempt, an organization must be

   1. A charitable organization
   2. Relieving the public burden

(I'm not sure whether it's an "and" or an "or" that belongs between those.)
I described what we do, and he said we were a borderline case.  He will send
us an application for exemption, as well as a form for declaring our personal
property.

Personal property tax is calculated by taking the price we payed for an item,
applying a depreciation schedule, multiplying by 50%, and then by the millage.
He said that if we have $3000 worth of equipment, we would owe about $70 in
taxes per year, assuming we are not exempt.

I really don't know how much property we actually have; I just pulled the
number $3000 out of the air when I was asked for it.

The gentleman assured me that we would not be stuck with a huge bill for back
taxes just because we were honest enough to stick our heads up and let them
know we exist.  He said the most they can possibly collect is two years of
back taxes.
mta
response 6 of 45: Mark Unseen   Jul 24 21:44 UTC 1998

Thanks, mark.  I'm glad to hear the city is feeling reasonable about this.  ;)
rcurl
response 7 of 45: Mark Unseen   Jul 25 04:25 UTC 1998

By definition (IRS) a "charitable organization", which status is recognized
by 501(c)3 exemption, also relieves "the public burden". However local
action may violate the law. It is common for land trusts to be turned down
for property tax exemption just because the township supervisor doesn't
think they deserve it. I went through that once and we had to sue the
township in Michigan Tax Court (we won). 
aruba
response 8 of 45: Mark Unseen   Jul 25 04:36 UTC 1998

Well, I don't think we have the resources to sue anyone.  It is the City
Assessor who decides whether or not we are exempt, though there is an appeals
process.  It would be nice if the city recognized the IRS's definition of
charitability, but they don't.
scott
response 9 of 45: Mark Unseen   Jul 25 22:21 UTC 1998

The city already knew we existed.  Remember when they made us move out of our
old location?  
aaron
response 10 of 45: Mark Unseen   Jul 25 22:54 UTC 1998

re #7: Where do you get this stuff?

re #3: The exemption was not, and is not, the problem. The problem was
       (a) directors who did not, despite extensive efforts, understand
       the nature and effect of the exemption, and (b) directors who
       were unwilling to do the work necessary to make Arbornet succeed
       in any respect. The exemption, if properly used, could have
       opened doors to revenues that would have ensured relatively firm
       financial footing.
rcurl
response 11 of 45: Mark Unseen   Jul 26 05:12 UTC 1998

Re #10 re #7: I get this "stuff" from being a founder and first president
of a few nonprofits, most recently the Michigan Karst Conservancy Inc, and
from serving on the board or as an officer of a half dozen or so
charitable - 501(c)3 - corporation.  One picks up a lot of "stuff" in
those capacities.

You can find similar "stuff" in a lot of sources. Pub 557 is a good
starting point. The Land Trust Alliance's "Standards and Practices
Guidebook"  extracts a lot. For example, "Federal and state governments
provide qualified nonprofit organizations exemption from income tax and
allow the deductibility of contributions to them. This is a subsidy of the
nonprofit organization offered in return for the organizations's operation
in the public interest."

[I just spent the day in a nonprofit's board meeting. Among other things
we recognized members that join as life members for a net cost to them
of $216 for a $480 life membership, because of the subsidy provide by
federal and state law in support of our public service. You have to know
your "stuff" to run a non-profit based entirely on freely given donations]

aaron
response 12 of 45: Mark Unseen   Jul 26 15:26 UTC 1998

Rane, I am aware of what the law is, and I am aware of your spin on it,
and I am aware of the differences between the two.
rcurl
response 13 of 45: Mark Unseen   Jul 26 17:35 UTC 1998

I see no differences. What  are your different "spins"? You don't seem
to think that anyone can really think or act in a truly charibable fashion
or that society (government) might actually put value on charitable
behavior. Sounds pretty cycnical. 
dpc
response 14 of 45: Mark Unseen   Jul 28 17:59 UTC 1998

        Nobody really *knows* about what the answer to a given tax
question is except the tax official giving the answer.  It is impossible
for any person who is not a tax lawyer to predict the answer to a given
tax question.  Ergo, everyone who discusses a tax question on this
system is merely expressing an opinion or surmise.
        I can't resist an example from science fiction.  In Isaac
Asimov's classic "Second Foundation" a big part of the plot is finding
out where the Second Foundation *is*.  One of my favorite scenes,
toward the end of the book, consists of a bunch of people sitting
around trying to reason out its location.  Each one says "I know
where the Second Foundation is" and expresses his/her theory.
        They were all wrong.   8-)
rcurl
response 15 of 45: Mark Unseen   Jul 28 18:35 UTC 1998

There is truth to what you say - except that the *tax official* might not
know the answer either. This has been proven by asking the same questions
of different tax officials. Also, I can pretty well predict the answer to
most non-profit tax questions, even though I am not a tax lawyer. 
Experience provides predictive capacity. I wouldn't put so much credit
with tax lawyers, considering the number of times I have had to correct
what lawyers have written. Tax lawyers are also "merely expressing an
opinion or surmise", but have the benefit of more experience and study
than most. 

mary
response 16 of 45: Mark Unseen   Jul 28 22:27 UTC 1998

I'd write the IRS and if they respond by telling us it would be just dandy
for folks to consider all dues tax deductible, great!  If they don't want
all dues considered deductible then that's what we would tell the donors. 

I'd do whatever would could to make sure Grex isn't making any
mistakes here.  
aaron
response 17 of 45: Mark Unseen   Jul 28 22:45 UTC 1998

re #13: Quite to the contrary. I know of plenty of valid charitable
        activity, which I support. I don't see that I need to subsidize,
        either directly or indirectly, "charitable" organizations that
        contribute little or nothing to the public welfare. Maybe you do?

re #14: Even in tax law, some questions have easy answers, Dave. Try
        referencing a law book.
rcurl
response 18 of 45: Mark Unseen   Jul 28 23:54 UTC 1998

I think the IRS is a better judge of who serves the public good than
you are. I have the impression that you have very narrow views in this regard.
Of course, they - and you - will make mistakes. However the IRS certainly
looks more deeply into the documentation for the organizations they favor with
tax exempt status than I expect you do. 
aruba
response 19 of 45: Mark Unseen   Jul 30 00:22 UTC 1998

I received the Application for Property Tax Exemption today.  Basically
the questions on it are:

How is your organization financed?
State the nature of your operation and the purposes for which it was
  incorporated.  (Be explicit.)
Under which section of the General Property Tax Act is this exemption
  claimed?

I'd like some help answering these.
rcurl
response 20 of 45: Mark Unseen   Jul 30 04:59 UTC 1998

You can extract 1 and 2 from the 501(c)3 application. 3 requires a copy
of the Act.
davel
response 21 of 45: Mark Unseen   Jul 30 10:22 UTC 1998

So, does the act exist somewhere online?
aaron
response 22 of 45: Mark Unseen   Jul 30 17:08 UTC 1998

re #18: Um, Rane -- just because I disagree with your interpretation of
        tax law does not mean that I am second-guessing the IRS. While I
        am impressed with how self-assured you are, that you and the IRS
        are in total harmony, I nonetheless disagree with some of your
        assertions.
rcurl
response 23 of 45: Mark Unseen   Jul 30 17:38 UTC 1998

That's OK with me. If you can find anything actually incorrect about them,
please let me know.
cmcgee
response 24 of 45: Mark Unseen   Jul 30 22:40 UTC 1998

Isnt MNet back up yet?? Can't aaron worry about mnet now?
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