After reconnecting with a CFO pal of mine last night and googling everything i frantically wrote down that he said, I agree with him that, legally, everything under contention can happily fall under ubit. After hearing example after example, i'de be shocked if our issue being less than 49% of monthly income (by a lot) would be an issue if properly reported. if we wanna be specific about it, cogs is like $50/year (add all utilities + the rent and divide by the square foot leased (that alone may be our biggest issue (were charging far over 200% 'real value' and are supposta be not for profit (he recommended we gift the storage and take in a monthly recurring donation'))), so if the lease caps at $600 total we don't even have to care (but should either way imo)
http://www.irs.gov/Charities-&-Non-Profits/Unrelated-Business-Income-Tax we can file a 990-t either way http://www.irs.gov/pub/irs-pdf/i990t.pdf - or choose not to if the lease dies after 6 months instead of a full year, assuming cogs is more than $200/year (which it probably isn't). buckled in. On Thu, Mar 6, 2014 at 10:32 AM, Torrie Fischer <[email protected]>wrote: > On Wednesday, March 05, 2014 10:00:39 a l wrote: > > Thanks for the relevant sources and calm voicing of concerns. To this > end: > > Just because things require taxing does not mean we cannot conduct them. > We > > would just need to weigh the benefits and time involved. > > As the chief financial officer who is ultimately responsible for > maintaining > our tax records, I would very much rather not bring about any potential for > audits. This is *not worth it* and will require substantial effort to > convince > me to deal with it, unless someone else wants to doocratically step up and > handle any unrelated business income and maintain that for the next few > years. > The Champions are also welcome to initiate a coup to usurp my position. > > We lose physical space, I lose more time for non-treasurer things, I'm > responsible for even more legal overhead, future treasurers and secretaries > will be responsible for maintaining the paper trail for the next few years > to > prevent audit, etc. > > And we want volunteers to handle this? I believe I'm exceptionally lucky > among > hackerspace treasurers in that I have a flexible situation of office space, > financial advice, and employment. > > Is this $600 worth the pain, including this heated argument that has been > going on for over a week, tearing us apart, and making us look > dysfunctional > to the whole freaking planet? > > I'm confident that the community of SYNHAK has reached consensus: Do not do > this. > > As the Treasurer for SYNHAK, Inc, I wish to inform the board that they may > disregard their treasurer's advice and concerns at their own risk at the > upcoming meeting. I am legally obligated by the bylaws to serve the board, > which I feel I have been doing faithfully and to the best of my abilities. > > I think many would agree that I am usually the first to give the benefit of > the doubt regarding trustworthy actions. As a Member, I wish to inform the > board that the individuals involved have lost my trust and the trust of > many > others for not having an open discussion about this up front. > > > > > Regards, > > Andrew L > > > > On Mar 5, 2014 9:24 AM, "Justin Herman" <[email protected]> wrote: > > > Also since this has been brought up before... > > > > > > ...the following activities are specifically excluded from the > definition > > > > > > of unrelated trade or business: > > > - *Volunteer Labor*: Any trade or business is excluded in which > > > substantially all the work is performed for the organization without > > > compensation. Some fundraising activities, such as volunteer > operated > > > bake > > > sales, may meet this exception. *[Bake SALE at the proposed > Auction?]* > > > - *Convenience of Members*: Any trade or business is excluded that > is > > > carried on by an organization described in section 501(c)(3) or by a > > > governmental college or university primarily for the convenience of > its > > > members, students, patients, officers, or employees. A typical > example > > > of > > > this is a school cafeteria. *[Selling Arduinos or other consumables > in > > > a vending area?]* > > > - *Selling Donated Merchandise*: Any trade or business is excluded > > > that consists of selling merchandise, substantially all of which the > > > organization received as gifts or contributions. Many thrift shop > > > operations of exempt organizations would meet this exception. *[All > > > the donated Computers?]* > > > > > > > http://www.irs.gov/Charities-&-Non-Profits/Charitable-Organizations/Unrela > > > ted-Business-Income-Tax-Exceptions-and-Exclusions> > > > On Wed, Mar 5, 2014 at 9:12 AM, Justin Herman <[email protected]> > wrote: > > >> This has already be researched.... > > >> > > >> http://www.irs.gov/pub/irs-pdf/p1828.pdf > > >> > > >> Page 17 Section Rental Income: > > >> > > >> "Generally, income derived from the rental of real property and > > >> incidental personal property is excluded from unrelated business > income." > > >> > > >> It goes on to state HOW it would not qualify. (if there is a > mortgage, if > > >> personal services are rendered, if a parking lot is charged) > > >> > > >> I thought that this might not relate to us as this doc is targeted for > > >> religious orgs. So I called the IRS before and they stated that this > is > > >> for > > >> ALL 501(c)(3) orgs. > > >> > > >> On Wed, Mar 5, 2014 at 9:03 AM, Devin Wolfe <[email protected]> > wrote: > > >>> Can you please provide your source? > > >>> > > >>> Thanks, > > >>> Devin > > >>> > > >>> Sent with AquaMail for Android > > >>> http://www.aqua-mail.com > > >>> > > >>> > > >>> > > >>> On March 5, 2014 8:55:49 AM Torrie Fischer <[email protected] > > > > >>> > > >>> wrote: > > >>> I'm wearing my treasurer hat for this. > > >>> > > >>>> After some digging around, I've come to the conclusion that leasing > out > > >>>> this space is incredibly likely to be considered a violation of our > > >>>> 501c3 > > >>>> status as it is unrelated income. That $100/mo will need to be taxed > > >>>> and > > >>>> somehow proven that leasing out our space to non-hacking purposes > will > > >>>> further our mission of providing infrastructure to creative people. > > >>>> > > >>>> I'm not cashing any checks that arrive. > > >>>> _______________________________________________ > > >>>> Discuss mailing list > > >>>> [email protected] > > >>>> https://synhak.org/mailman/listinfo/discuss > > >>> > > >>> _______________________________________________ > > >>> Discuss mailing list > > >>> [email protected] > > >>> https://synhak.org/mailman/listinfo/discuss > > > > > > _______________________________________________ > > > Discuss mailing list > > > [email protected] > > > https://synhak.org/mailman/listinfo/discuss > _______________________________________________ > Discuss mailing list > [email protected] > https://synhak.org/mailman/listinfo/discuss >
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