[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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