Re: [UC] The end of Philly Car Share as a non-profit.

2011-08-10 Thread Gerardo Razumney
Do you mean to say that for profit, commercial entities actually pay for
Police and Fire services?  I don't think so.  They pay as much as non-profit
organizations, which do not pay taxes not because they are tax exempt, but
because they do not have profits, you see, non-profit...  If you or me do
not make enough money to pay taxes we get the same service.  It has nothing
to do with the status.  Now if you talk about tax exempt religious
organizations, that is really different, they do make a profit and they do
not pay taxes, so they do get free services.

Gerardo Razumney

On Tue, Aug 9, 2011 at 8:33 PM, William H. Magill
mag...@mcgillsociety.orgwrote:


 On Aug 9, 2011, at 1:23 PM, maru ca wrote:

 
  On Aug 9, 2011, at 11:52 AM, William H. Magill wrote:
 
  In any event, it is good to see that Private Enterprise has decided to
 support the shared vehicle model and be a tax paying, instead of tax
 consuming entity.
 


  
 
  Now this piques the curiosity.
 
 
  In what way was PCS a tax consuming entity?

 They get/got all of the benefits of city services (whichever they were)
 without paying for them … Police, Fire, Trash…

 Virtually all Non-Profits consume tax dollars because they depend upon City
 Services. Consequently the Tax Payers of the City get hit twice by them…

 Entities, like the University of Pennsylvania, who have their own Police
 and Trash services, relying on the city only for Fire services are a
 different issue. They don't consume tax-paid services to the same extent,
 but do exempt massive chunks of property from Real Estate Taxes.  (That I
 know of, both Penn and Temple have sworn Police Departments, i.e. they
 have full arrest powers. I don't know the status of Drexel's force
 currently.)

 There are undoubtedly a few non-profits who do pay taxes, (and I realize
 that non-profit and tax-exempt are not the same thing, but the sets
 overlap a huge amount), but they are usually viewed by everyone but the
 Taxman as the same thing, and act as if they are exempt. … which is
 apparently how PhillyCarShare got into the predicament it wound up in.

 T.T.F.N.
 William H. Magill
 mag...@mcgillsociety.org
 mag...@me.com
 whmag...@gmail.com




 
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 list named UnivCity. To unsubscribe or for archive information, see
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Re: [UC] The end of Philly Car Share as a non-profit.

2011-08-10 Thread Dave Axler
Gerardo, 

Having served as the treasurer of a non-profit 501(c)(3) tax-exempt 
organization for over a decade, I have to disagree with two statements in your 
post.

...non-profit organizations, which do not pay taxes not because they are tax 
exempt, but because they do not have profits, you see, non-profit...

Non-profit does not mean has no profits. It means cannot DISTRIBUTE 
profits to other entities (who would then be treated as receiving income from 
the non-profit).

A non-profit organization is actually allowed to make as much profit as it can. 
(Obviously, at a bare minimum, it has to break even in order to survive.)

What it cannot do is pass on those profits on to owners, shareholders, or 
similar entities. 
Instead, the profits are required to be retained for use by the organization in 
furtherance of the purposes stated in their articles of incorporation, charter, 
and/or by-laws. Any inappropriate use would render the organization's 
management liable for charges of malfeasance, misfeasance, and other nasty 
thangs.

For instance, if the Philly Art Museum makes a profit, they're required to put 
those profits into acquiring and displaying more art, providing more art 
education services, maintaining the museum building, etc.

...tax exempt religious organizations, that is really different, they do make 
a profit and they do not pay taxes...

Tax-exempt organizations -- be they religious, charitable, educational, 
fraternal, or any of the other varieties recognized by the IRS in section 501 
of the Revenue Code -- are only exempted from SOME taxes and fees, not all of 
them. 
They are exempt from paying Federal income taxes. (Though they have to file 
forms w/the IRS just like you and me.) 
In some states and localities, but not all, they are also exempt from paying 
state/regional income taxes. 
Some states also exempt them from paying sales tax on their purchases.
And many localities give them an exemption from real-estate taxes.
Other than that, they are generally subject to the same taxes, fees, and 
license charges as a for-profit business.

For instance, if they have employees, they still have to pay the employer's 
share of Social Security and Medicare taxes. If they have a cafeteria or gift 
shop, they have to collect sales tax and turn it over to the state. 

In that sense, contrary to Bill's claim, almost every tax-exempt organization 
is actually a ...tax paying, instead of tax consuming entity.  They don't pay 
to the same extent as a for-profit company, but they DO pay.

But the real issue here is this: If the nature of a non-profit business means 
that it is responsible for collecting a local tax or fee, and it fails to do 
so, it can be held legally responsible. It may be that management failed to do 
due diligence, didn't understand what they were doing, got bad legal/accounting 
advice, or just didn't care. Or, as in this case, a recent court decision 
rendered their previous approach null and void.

If Philly CarShare had chosen play it safe from the start -- to collect the 
local car rental fee from its users, and turn that money over to the city -- 
they wouldn't be in their current fix. However, they might also have had far 
fewer rentals and gone under as a result.  

On Aug 10, 2011, at 2:10 AM, Gerardo Razumney wrote:

 Do you mean to say that for profit, commercial entities actually pay for 
 Police and Fire services?  I don't think so.  They pay as much as non-profit 
 organizations, which do not pay taxes not because they are tax exempt, but 
 because they do not have profits, you see, non-profit...  If you or me do not 
 make enough money to pay taxes we get the same service.  It has nothing to do 
 with the status.  Now if you talk about tax exempt religious organizations, 
 that is really different, they do make a profit and they do not pay taxes, so 
 they do get free services.
 
 Gerardo Razumney
 
 On Tue, Aug 9, 2011 at 8:33 PM, William H. Magill mag...@mcgillsociety.org 
 wrote:
 
 On Aug 9, 2011, at 1:23 PM, maru ca wrote:
 
 
  On Aug 9, 2011, at 11:52 AM, William H. Magill wrote:
 
  In any event, it is good to see that Private Enterprise has decided to 
  support the shared vehicle model and be a tax paying, instead of tax 
  consuming entity.
  
  
   
  
 
  Now this piques the curiosity.
 
 
  In what way was PCS a tax consuming entity?
 
 They get/got all of the benefits of city services (whichever they were) 
 without paying for them … Police, Fire, Trash…
 
 Virtually all Non-Profits consume tax dollars because they depend upon City 
 Services. Consequently the Tax Payers of the City get hit twice by them…
 
 Entities, like the University of Pennsylvania, who have their own Police and 
 Trash 

Re: [UC] The end of Philly Car Share as a non-profit.

2011-08-09 Thread maru ca


On Aug 9, 2011, at 11:52 AM, William H. Magill wrote:

In any event, it is good to see that Private Enterprise has decided  
to support the shared vehicle model and be a tax paying, instead  
of tax consuming entity.



   


Now this piques the curiosity.


In what way was PCS a tax consuming entity?




Re: [UC] The end of Philly Car Share as a non-profit.

2011-08-09 Thread Lewis Mellman
I wonder how long it will take before the City decides to increase the  
charge for owning parking spaces now that these pod locations are  
owned by a for-profit company.

-Lewis

On Aug 9, 2011, at 11:52 AM, William H. Magill wrote:


The announcement below was sent to PhillyCar Share members.

The interesting verbiage from the Press release…
   
http://www.phillycarshare.org/wp-content/uploads/2011/08/EHI-acquires-PCS.pdf

The acquisition closes tomorrow, Aug. 10. Financial terms of the  
transaction will not be disclosed. PhillyCarShare will operate as a  
for-profit service, and the brand name will be maintained during the  
integration process. Almost all PCS staff members have been offered  
positions.


It looks like the sale might be related to taxes as much as  
anything, (loss of 501c status?) as the press release contains the  
following...


In June 2010, a New York Supreme Court Justice found that car  
sharing “is in 'the trade or business of renting or leasing motor  
vehicles' as those words are traditionally and plainly understood.  
In addition, the judge wrote: This bargain – use of a car in  
exchange for a fee – appears little different from ‘traditional  
rental car’ companies...”


I'm not certain why that reference is in the press release… pretty  
much out of context where it is inserted.


Personally, based on my past experience with the acquisition of  
National Car Rental by Enterprise/Almo, I expect rates to go up and  
service to go down.


In any event, it is good to see that Private Enterprise has decided  
to support the shared vehicle model and be a tax paying, instead  
of tax consuming entity.


(BTW, Enterprise is hardly a small business with annual revenues  
of 12.6 Billion and #17 on Forbes Top 500 Private Companies in  
America.)



Begin forwarded message:


Subject: PhillyCarShare Announcement
Date: August 9, 2011 8:43:13 AM EDT


We have some exciting news to share with all PhillyCarShare members  
and community supporters.


Enterprise Holdings has acquired PhillyCarShare, which not only  
will provide an influx of new vehicles and additional resources,  
but also enrich each member’s car-sharing experience.  We see this  
as a unique opportunity to improve operational efficiencies,  
enhance financial stability and increase long-term customer  
satisfaction.  A copy of the press release can be found here.


Please keep in mind that all existing memberships and reservations  
will be transferred with no interruption of service.  And both fuel  
and 24-hour roadside assistance will be part of your PhillyCarShare  
membership.  In addition, the following enhancements and changes  
will be coming soon:

• Newer cars
• More rate options
• More vehicles in more neighborhoods
• Streamlined driver approval process

To help celebrate this ground-breaking announcement, we are  
soliciting your suggestions for new and/or expanded pod locations.   
(Note that the hourly car share rate includes up to $300,000 in  
liability protection, and the driver’s responsibility for physical  
damage is $500.)


We are proud that PhillyCarShare will be part of the Enterprise  
family and the company’s customer service legacy.  We also are  
excited to be able to continue offering important and sustainable  
local transportation options in the Philadelphia area, regardless  
of whether the transaction is for an hour, a day or even longer.


Thank you again for your loyalty and dedication to PhillyCarShare.   
Please don’t hesitate to let us know if you have any questions.



Best regards,
Gerald Furgione
Executive Director

PhillyCarShare
125 S 9th St Suite 1000 · Philadelphia, PA · 19107
(215) 730-0988
www.phillycarshare.org  


William H. Magill
Block Captain
4400 Chestnut Street

mag...@mcgillsociety.org
whmag...@gmail.com
   4428 Chestnut Street
   Philadelphia, PA 19104-2914
   (267-402-0529)











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Re: [UC] The end of Philly Car Share as a non-profit.

2011-08-09 Thread Dave Axler
Actually, they've already done it. An article in the paper about a week ago 
noted that the cost of a reserved valet-parking space was increasing 
substantially, to the extent that many restaurants were choosing not to renew 
their agreements with the city.


On Aug 9, 2011, at 1:29 PM, Lewis Mellman wrote:

 I wonder how long it will take before the City decides to increase the charge 
 for owning parking spaces now that these pod locations are owned by a 
 for-profit company.
 -Lewis
 
 On Aug 9, 2011, at 11:52 AM, William H. Magill wrote:
 
 The announcement below was sent to PhillyCar Share members.
 
 The interesting verbiage from the Press release…
   
 http://www.phillycarshare.org/wp-content/uploads/2011/08/EHI-acquires-PCS.pdf
 
 The acquisition closes tomorrow, Aug. 10. Financial terms of the 
 transaction will not be disclosed. PhillyCarShare will operate as a 
 for-profit service, and the brand name will be maintained during the 
 integration process. Almost all PCS staff members have been offered 
 positions.
 
 It looks like the sale might be related to taxes as much as anything, (loss 
 of 501c status?) as the press release contains the following...
 
 In June 2010, a New York Supreme Court Justice found that car sharing “is in 
 'the trade or business of renting or leasing motor vehicles' as those words 
 are traditionally and plainly understood. In addition, the judge wrote: 
 This bargain – use of a car in exchange for a fee – appears little 
 different from ‘traditional rental car’ companies...”
 
 I'm not certain why that reference is in the press release… pretty much out 
 of context where it is inserted.
 
 Personally, based on my past experience with the acquisition of National Car 
 Rental by Enterprise/Almo, I expect rates to go up and service to go down.
 
 In any event, it is good to see that Private Enterprise has decided to 
 support the shared vehicle model and be a tax paying, instead of tax 
 consuming entity.
 
 (BTW, Enterprise is hardly a small business with annual revenues of 12.6 
 Billion and #17 on Forbes Top 500 Private Companies in America.)
 
 
 Begin forwarded message:
 
 Subject: PhillyCarShare Announcement
 Date: August 9, 2011 8:43:13 AM EDT
 
 
 We have some exciting news to share with all PhillyCarShare members and 
 community supporters.
 
 Enterprise Holdings has acquired PhillyCarShare, which not only will 
 provide an influx of new vehicles and additional resources, but also enrich 
 each member’s car-sharing experience.  We see this as a unique opportunity 
 to improve operational efficiencies, enhance financial stability and 
 increase long-term customer satisfaction.  A copy of the press release can 
 be found here.
 
 Please keep in mind that all existing memberships and reservations will be 
 transferred with no interruption of service.  And both fuel and 24-hour 
 roadside assistance will be part of your PhillyCarShare membership.  In 
 addition, the following enhancements and changes will be coming soon:
 • Newer cars
 • More rate options
 • More vehicles in more neighborhoods
 • Streamlined driver approval process
 
 To help celebrate this ground-breaking announcement, we are soliciting your 
 suggestions for new and/or expanded pod locations.  (Note that the hourly 
 car share rate includes up to $300,000 in liability protection, and the 
 driver’s responsibility for physical damage is $500.)
 
 We are proud that PhillyCarShare will be part of the Enterprise family and 
 the company’s customer service legacy.  We also are excited to be able to 
 continue offering important and sustainable local transportation options in 
 the Philadelphia area, regardless of whether the transaction is for an 
 hour, a day or even longer.
 
 Thank you again for your loyalty and dedication to PhillyCarShare.  Please 
 don’t hesitate to let us know if you have any questions.
 
 
 Best regards,
 Gerald Furgione
 Executive Director
 
 PhillyCarShare
 125 S 9th St Suite 1000 · Philadelphia, PA · 19107
 (215) 730-0988
 www.phillycarshare.org  
 
 William H. Magill
 Block Captain
 4400 Chestnut Street
 
 mag...@mcgillsociety.org
 whmag...@gmail.com
   4428 Chestnut Street
   Philadelphia, PA 19104-2914
   (267-402-0529)
 
 
 
 
 
 
 
 
 
 
 
 You are receiving this because you are subscribed to the
 list named UnivCity. To unsubscribe or for archive information, see
 http://www.purple.com/list.html.
 
 
 You are receiving this because you are subscribed to the
 list named UnivCity. To unsubscribe or for archive information, see
 http://www.purple.com/list.html.


You are receiving this because you are subscribed to the
list named UnivCity. To unsubscribe or for archive information, see
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Re: [UC] The end of Philly Car Share as a non-profit.

2011-08-09 Thread William H. Magill

On Aug 9, 2011, at 1:23 PM, maru ca wrote:

 
 On Aug 9, 2011, at 11:52 AM, William H. Magill wrote:
 
 In any event, it is good to see that Private Enterprise has decided to 
 support the shared vehicle model and be a tax paying, instead of tax 
 consuming entity.
   
   
  
 
 
 Now this piques the curiosity. 
 
 
 In what way was PCS a tax consuming entity?

They get/got all of the benefits of city services (whichever they were) without 
paying for them … Police, Fire, Trash…

Virtually all Non-Profits consume tax dollars because they depend upon City 
Services. Consequently the Tax Payers of the City get hit twice by them… 

Entities, like the University of Pennsylvania, who have their own Police and 
Trash services, relying on the city only for Fire services are a different 
issue. They don't consume tax-paid services to the same extent, but do exempt 
massive chunks of property from Real Estate Taxes.  (That I know of, both Penn 
and Temple have sworn Police Departments, i.e. they have full arrest powers. 
I don't know the status of Drexel's force currently.)

There are undoubtedly a few non-profits who do pay taxes, (and I realize that 
non-profit and tax-exempt are not the same thing, but the sets overlap a 
huge amount), but they are usually viewed by everyone but the Taxman as the 
same thing, and act as if they are exempt. … which is apparently how 
PhillyCarShare got into the predicament it wound up in.

T.T.F.N.
William H. Magill
mag...@mcgillsociety.org
mag...@me.com
whmag...@gmail.com





You are receiving this because you are subscribed to the
list named UnivCity. To unsubscribe or for archive information, see
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