I think we can agree everyone is trying to avoid drama. We have an established protocol for conducting business, this was not followed. Subletting Carries with it tax concerns that may our may not complicate filing in the future. Additionally SynHak and its members are being held responsible for the security of property. All of this should have been brought up as a formal proposal as it affects how three legal entities conduct their business.
Regards, Andrew L On Mar 6, 2014 12:35 PM, "alex kot" <[email protected]> wrote: > Craig makes a good point. The way I see it all your doing is creating > unnecessary drama, let the 6 months ride out. Justin did this whole thing > out of good intent, probably caused him more of headache then if he just > spent his money at the place it was already at. Issue is already done we > don't need to create any more issues after this. > > > On Thursday, March 6, 2014 12:14 PM, Craig Bergdorf <[email protected]> > wrote: > imo a 990-t must be filed either way, (not cashing the checks means > nothing with a sublease that has the building owners signature on it (as he > will be filin it eitherway)), so why not just run it for 6 months. afaik > it's too late to do anything else (legally) without pretending events > didn't happen which could get us in *real* trouble. > > > > > On Thu, Mar 6, 2014 at 12:02 PM, a l <[email protected]> wrote: > > I'm not sure how you can claim consensus, when as you've pointed out,there > hadn't been a vote. > My point was that, as far as I understand, just because activity is > taxable does not mean we cannot conduct it.we just need to file and collect > taxes on these activities. As I pointed out this is additional work and the > costs and benefits must be weighed. > I have requested that this be brought to the vote since it was brought up > in discussion in January. This has not happened. > Regards, > Andrew L > On Mar 6, 2014 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 > > > _______________________________________________ > 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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