[HCoop-Discuss] Hardware donations
Nathan Kennedy
ntk at hcoop.net
Thu Jul 6 11:23:53 EDT 2006
Some generalities on my findings re: hardware donations and gifts:
I have examined IRS revenue rulings as well as our charter. I believe
that outright donations, as long as they are from members, are perfectly
acceptable and need not be structured as leases, loans, or sales for
nominal value, as they constitute "amounts collected from members for
the sole purpose of meeting losses or expenses," or "income received
from members." Hence they would not count towards the 15% limitation.
The best way to accomplish the donation would be by deed, i.e. a signed,
written, dated letter identifying the hardware as specifically as
possible and stating that you are hereby donating it to HCoop Inc. Once
delivered to an officer, the cooperative would have full title to the
hardware wherever it resides, so please think carefully before making
such a donation and consult with the board prior to doing so, since the
board could not legitimately revoke such a gift unless it were in the
interests of the cooperative. Changing your mind or requesting
consideration after the gift is accomplished would place you in an
unpleasantly adversarial position.
Donations are greatly appreciated and will help the cooperative expand.
Do keep in mind that they are not tax-deductible and HCoop is not a
charity. The cooperative is always looking for sustainable non-gift
assistance from the membership as well, such as capital (cash loans,
deposits, or hardware on credit) and labor where it may be useful.
However where donations or gifts are made, no special benefits or status
may be conferred (other than the intangible appreciation and high regard
of your fellow members).
-ntk
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