Andrew,
I just got out of an $45 all-day IRS workshop (http://www.irs.gov/eo) which
I would recommend to anyone considering going down that road, or that is
already on their way. I will post what I could understand to the wiki.
Anyway...
If your goal is to avoid legal status of your own, I wouldn't recommend
becoming a department of a 501(c)(3). While I am sure the 501(c)(3) has no
intention of being malicious, to the IRS it is not a partnership of any
kind, it just means the 501(c)(3) now has control of your (a bunch
on individuals) assets.
Q: What happens if the relationship goes sour?
A: I would guess that since you (a bunch on individuals) gave up your claim
to those assets the 501(c)(3) keeps them.
Q: What happens if you seperate on good terms?
A: Even if they want to give them back to you, you are not a "legal entity"
you are just a bunch of individuals. So by doing so they would be giving
things to "insiders" which puts them in jeproday of losing their 501(c)(3)
status because of what the IRS calls "Inurement" and "Private Benefit." The
best way I can describe this is by comparing it to Stockmarket Insider
Trading (which is considered a federal crime). They might be able to sell
it to you, but it has to be at fair market value, the sale must be open to
the public (others could buy it), and the 501(c)(3) might have to pay
Unrelated Business Income (UBI) Tax depending on their mission statement.
Q: What if nothing ever goes wrong.
A: You have access to funding, Americorp, insurance, and other things that
legal tax-excempt entities have.
Here is a start:
http://www.bikecollectives.org/wiki/index.php?title=Inurement
http://www.bikecollectives.org/wiki/index.php?title=Unrelated_Business_Incom...
--
Sincerely,
Jonathan Morrison
Executive Director
Salt Lake City Bicycle Collective
2312 S. West Temple
Salt Lake City, UT 84115
w: 801-328-2453
c: 801-688-0183
f: 801-466-3856
www.slcbikecollective.org
On Nov 16, 2007 10:07 AM,
andrewsawtelle@riseup.net wrote:
> We here at Recycle-A-Bike (www.recycleabike.org ) in Providence, RI have
> been using space at The Steel Yard (www.thesteelyard.org) for a couple
> seasons now. They're doing some major renovations and site remediations
> (they're located on an old metalworking site and there's lots of nasty
> things in the ground and in the air), so we're moving out of the old space
> and looking for a new one.
>
> The Steel Yard seems really excited about the idea of incorporating us as
> a full department, along with Ceramics + Glass, Metalworking, Foundry,
> Jewelry, and some other programs. There's also a site on the space where
> we could build a standalone shop and storage space from shipping
> containers. They could be a really good fit for our program, and it would
> save us a lot of dealing with becoming our own legal entity.
>
> I didn't hear any situation that was similar to ours in discussions at
> Bike!Bike! in August. Most people seem to rent space and just do things on
> the fly, incorporate as their own 501c3, not-for-profit, or collective, be
> a startup working under the auspices of an existing organization, or have
> a fiscal sponsor that's hands off. I think we're different because we've
> been running for 6 years on our own in various spaces, with pretty much no
> legal status, and we're thinking about joining up with an existing 501c3.
>
> I'd like to know if anyone has some advice for us on things to watch out
> for, or at least make sure we take into account as we think about whether
> to incorporate ourselves into The Steel Yard. A couple questions I can
> think of immediately.
>
> 1) Jim Bledsoe of the Bicycle Kitchen mentioned that if you become a
> 501c3, your assets can't ever be transferred to any other legal entity
> other than another 501c3. This means that if we decided to become part of
> the Steel Yard, then split in a few years for some reason, we'd have to
> become our own 501c3.
>
> 2) What does it mean to have a loosely organized collective operating
> within a 501c3 with an established board/staff structure? Since we're not
> a legal entity on our own, can we write something into an agreement with
> them that at least recognizes the collective's existence? None of the
> Steel Yard's other departments started like ours would; they grew out of
> people coming to them to start classes and other programs.
>
> peace,
>
> andrew
> recycle-a-bike
> providence, ri
>
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