Re: 503(c) stuff

2008-03-18 Thread Bill McGonigle
On Mar 14, 2008, at 10:07, Ben Scott wrote:

   I've also been in recent contact with Carole Soule, who has
 generously offered to help us out, either by guiding us through the
 501(c)(3) process or by having LNF (http://www.learningnet.org) be the
 umbrella organization for GNHLUG.

If it's not convenient or expedient for Carole to do it, SPI might be  
another option - they exist to provide this kind of service to FLOSS  
projects.

   http://www.spi-inc.org/about-spi/membership/guidelines.html

PostgreSQL took this approach so they could handle donations, and now  
has enough money that they're spinning their own NPO out.  I think  
this is the intended model from SPI and IRS perspectives.

-Bill

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Re: 503(c) stuff

2008-03-14 Thread Ed lawson
I believe it is fair to say this is like dejavew all over again.

For various reasons I prefer to say get the advice of Rob's wife as
opposed to stating anything directly.  My belief is that if asked she
would likely say the following:

1.  If at all possible use an umbrella organization.  An aside, it
would seem this might be a good service for LI to provide LUGS.
2.  If your annual contributions do not exceed $5K, then you really
don't need to do anything.
3.  If you want to obtain your own determination letter, the 501(c)(3)
is the way to go.
4.  You need to do some work to develop budgets, develop projected
income and expenses, develop proposed activities, create bylaws, and
develop a formal, functional organization.
5.  Once you have done 4, the application is actually rather easy.



-- 
Ed Lawson
Ham Callsign: K1VP
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Re: 503(c) stuff

2008-03-14 Thread Jon 'maddog' Hall
Hi,

I would just like you to know that Rob's Wife (whose name is Ashlyn)
may not be actively at Franklin Pierce Law school any more.

But the function that I mentioned (having Graduate students help
non-profits with legal work) still goes on, and the contact at the
school is Megan C. De Vorsey, Interim Director Social Justice Institute,
[EMAIL PROTECTED], (603) 228-1541 ext. 1166.

Thanks to Arc, who tracked this down.

Warmest regards,

md
-- 
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Executive Director   Linux International(R)
email: [EMAIL PROTECTED] 80 Amherst St. 
Voice: +1.603.672.4557   Amherst, N.H. 03031-3032 U.S.A.
WWW: http://www.li.org

Board Member: Uniforum Association
Board Member Emeritus: USENIX Association (2000-2006)

(R)Linux is a registered trademark of Linus Torvalds in several
countries.
(R)Linux International is a registered trademark in the USA used
pursuant
   to a license from Linux Mark Institute, authorized licensor of Linus
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Re: 503(c) stuff

2008-03-14 Thread Ben Scott
On Fri, Mar 14, 2008 at 8:52 AM, Ed lawson [EMAIL PROTECTED] wrote:
 I believe it is fair to say this is like dejavew all over again.

  I think the reason we have so much deja vu over and over again is
that we keep getting told we should do things, but don't actually know
*how* to do them.  None of us knows anything about this.  :-/  (Or if
they do, they're keeping quiet.)

 ... get the advice of Rob's wife ...

  I've ping'ed the person who was supposed to be doing that.

  I'm also learning that nothing gets done if people don't hound other
people.  :-)  I'm now hounding some other people, but I need someone
to hound me, too.

  I've also been in recent contact with Carole Soule, who has
generously offered to help us out, either by guiding us through the
501(c)(3) process or by having LNF (http://www.learningnet.org) be the
umbrella organization for GNHLUG.

  - - -

  The following are directed more at the rest of the group, than you,
Ed.  I'm posting this because these are questions we need answers to.
I understand that you're trying to stay out of this; I'm not expecting
answers from you.  :)

  2.  If your annual contributions do not exceed $5K, then you really
  don't need to do anything.

  If we don't need to do anything, why are there four other steps?  ;-)

  3.  If you want to obtain your own determination letter, the 501(c)(3)
  is the way to go.

  Based on my understanding, I don't think that obtaining 501(c)(3)
status for GNHLUG directly would have much benefit for GNHLUG, so I
would say we don't want to do that.  But I'm just me; others may
disagree.

  4.  You need to do some work to develop budgets, develop projected
  income and expenses, develop proposed activities, create bylaws, and
  develop a formal, functional organization.

  Our projected income and expenses are both practically zero[1].  Our
activities are hosting the mailing list, web site, and meetings.
We've got bylaws.  We've got a board of directors that holds four
meetings a year -- I'm assuming that's a formal, functional
organization.  So we've done everything, right?  I'm guessing, no, we
haven't done everything, but we don't even know enough to know what we
haven't done.

[1] Actual: Projecting $50 income this year -- the donation I plan on
collecting to open the bank account.  Projecting $1 in expenses, to
have GNHLUG purchase server hardware.

-- Ben
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Re: 503(c) stuff

2008-03-14 Thread Ed lawson
On Fri, 14 Mar 2008 10:07:11 -0400
Ben Scott [EMAIL PROTECTED] wrote:


   I think the reason we have so much deja vu over and over again is
 that we keep getting told we should do things, but don't actually know
 *how* to do them.

I  also think the need to just do it also is involved.  In other words,
get some advice about options and info on them and then decide which
option to pursue and then have that option pursued. 
 



 
   2.  If your annual contributions do not exceed $5K, then you really
   don't need to do anything.
 
   If we don't need to do anything, why are there four other
 steps?  ;-)

Its one potential option, but others may have good reasons for saying
you don't need to do it, but here are reasons for doing it anyway.

Here's a deal, I will contact the person MD has highlighted in his post
as the FPLC contact person, I will have them ascertain whether or not
Carole's organization can function as an umbrella for GNHLUG and what
would be involved and whether it makes any sense to even be thinking
about this stuff given the amounts of money and future plans.

I will report the results and give a few suggestions based on what the
folks at FPLC have said. The intent of this endeavor is to provide the
board with the info they need to make a decision.

I estimate this will take 45 days.

In the interim, I believe the board should be brainstorming about and
deciding upon what events and activities it would like to develop.
Sort of where and what and when and why.  the result of that activity
may also be an important factor in which option will be selected from
those I will be bringing to the table. 

See Ben hounding is good. Just don't hound me about this until April
28th. g  Actually I deserve this since I think I said I would try to
get to part of this last fall and never reported back.

-- 
Ed Lawson
Ham Callsign: K1VP
PGP Key ID:   1591EAD3
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Re: 503(c) stuff (was: First 2008 GNHLUG Board Meeting)

2008-03-13 Thread Bruce Dawson
I'm CC'ing Carole on this. She has a 501(c)3 - Learning Networks
Foundation, and may be able to answer specific questions.

--Bruce

Ben Scott wrote:
 On Thu, Mar 13, 2008 at 10:11 AM, Ed lawson [EMAIL PROTECTED] wrote:
   
 The hard part of the process is not the legal part, but the
 organizational and planning work needed to have the information and
 projections needed to complete the application.
 

   Indeed, and that's really I'm talking about: I don't think any of us
 have a clue what to do.  I certainly don't.

   I've read through some of the IRS documentation, but it's already
 been established that the IRS isn't necessarily the best resource for
 our purposes.  Oh, sure, if we follow their guidance we'll be
 completely legal, but it won't necessarily be the best outcome for us.
  For example, the IRS docs led me to believe we wouldn't qualify as a
 501(c)(3) charitable organization, while people with actual experience
 with this stuff say we should definitely try for it and have a
 reasonable chance of getting it.  After all, the IRS's mission is to
 collect revenue; one goal of a non-profit is to keep them from doing
 so.

   I know a few people who know accounting of various sorts, and I've
 asked them, but none of them are familiar with non-profit aspects.  So
 me, personally -- I got nuttin.  If we lacked any other resources, I
 would advise the next thing to do would be to begin collecting funds
 to pay for consultation with an experienced professional.

   Fortunately, I don't think we're that resource-poor.  A couple
 people have stepped forward, saying they know people with experience
 who might be able to help.  I haven't heard back from them since then,
 though.  I guess I should be following up with them to see if they
 have followed up with the people they know.  Hmmm, I'll do that.

 -- Ben
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Re: 503(c) stuff (was: First 2008 GNHLUG Board Meeting)

2008-03-13 Thread Ben Scott
Carole,

  First, thank you for replying!  An experienced voice is desperately
welcome here!  :) (And Bruce, thank you for bringing this to Carole's
attention -- I was hunting for her email address when I got your
reply.)

On Thu, Mar 13, 2008 at 11:15 AM, Carole Soule [EMAIL PROTECTED] wrote:
  Let me know if you want to start the process.

  I think we're interested, but cost may be an issue.  Now that we
have some rough numbers for the costs, the Board is going to have to
come up with some way to cover those costs.  A topic for the upcoming
Board meeting.

  Thank you very much for this information -- now I have some
direction, where before I was adrift.

-- Ben
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Re: 503(c) stuff (was: First 2008 GNHLUG Board Meeting)

2008-03-13 Thread Ben Scott
  The following is directed more to the general group, rather than
Carole in particular.

On Thu, Mar 13, 2008 at 11:15 AM, Carole Soule [EMAIL PROTECTED] wrote:
  Probably $750 to the IRS when the application is submitted
  (this fee entirely depends on the organization income for the
  last 4 years...

  I believe GNHLUG's lifetime-to-date income is pretty close to zero.
To the best of my knowledge, the only assets which have been donated
to GNHLUG's name are the state paperwork fees ($100 total, I think).
At the next Board meeting, my plan is to collect donations for the
initial deposit to open the bank account; that should add another $50
or so.

  The Internet server is still in my name.  Internet hosting is still
in Codemeta's name.  The plan is that these would be sold to GNHLUG
for very low prices ($1 for the server, a similar monthly rate for the
hosting) to keep GNHLUG's income at the insignificant level.  (Of
course, this plan was hatched by a bunch of computer geeks who don't
know much about accounting, so maybe that's not kosher.)

  Everything else has been individual personal expenses, not claimed
as deductible donations, and generally not even formally done in
GNHLUG's name.  Of course, one of the reasons we're interested in this
is to change that, but it's still very small potatoes.

  So even worst case for the above, I expect annual receipts to be
well under $2000/year.

  Based on what I see in IRS Form 8718, User Fee for Exempt
Organization Determination Letter Request, if we are under $10K/year,
the filing fee is $300; only if we go over does it become $750.  So,
$500 + $300 = $800 rough-order-of-magnitude estimated cost.

  Ironically -- assuming we go through with it -- the costs associated
with the 501(c)(3) filings will require the biggest donation in GNHLUG
history.

-- Ben
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Re: 503(c) stuff (was: First 2008 GNHLUG Board Meeting)

2008-03-13 Thread Arc Riley
  Ironically -- assuming we go through with it -- the costs associated
 with the 501(c)(3) filings will require the biggest donation in GNHLUG
 history.


Unless you're going for the prestige element of being able to declare GNHLUG
a 501c3 non-profit, a less expensive course may be to find an existing 501c3
that can umbrella the org for what few donations it may someday receive.

There's usually a % of the tax-deductable donations they take, somewhere
around 10% is common, but when you consider the filing fees and paperwork
it's usually a win-win situation for both orgs.

I haven't lived here long enough to know the orgs in NH, but in Ithaca we
had an org that did this all the time - http://cresp.cornell.edu/ - they
umbrella organizations ranging from an eco-friendly planned community, a
community newspaper, a public access show, and a local library.  This is
just an example, but you need not look only at tech-based orgs as potential
umbrellas.
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