On 23 March 2014 08:32, Michael Snow <wikipe...@frontier.com> wrote:
> On 3/23/2014 1:08 AM, Fæ wrote:
>>
>> On 23/03/2014, Michael Snow <wikipe...@frontier.com>
>>>
>>> There isn't a legitimate basis for evaluating how the funds are spent
>>> other than A's desires and intentions. It's still a restricted gift, we
>>> can't pretend that this is money from general fundraising and decide it
>>> should have been spent in a way that better fits our priorities. Had the
>>
>> ...
>>
>> When I was getting legal advice on the issues of Wikimedia UK becoming
>> a charity, one of the issues I had to bend my mind around was the tax
>> implications of how the charity could provide grants to non-UK
>> projects.
>>
>> It is not possible for a UK charity to offer restricted grants without
>> risking having to pay tax as if they were paying for a profit making
>> commercial service, rather than gifting money. For this reason the UK
>> charity will only offer *unrestricted* grants, based on a published
>> proposal from the non-UK organization that will spend the grant on
>> charitable purposes. I have little doubt that the IRS rules are just
>> as stringent, otherwise US charities would be frequently used as
>> container companies for tax avoidance and money-laundering.
>
> I'm not sure why you're responding to a point about the Wikimedia Foundation
> in the role of receiving a grant, one that in this case did not require
> funds to be transferred outside their country of origin, with a hypothetical
> discussion about Wikimedia UK in the role of making a grant, in which the
> funds would be transferred between countries that would not necessarily have
> the same systems for taxation or charitable organizations. Are charities in
> the UK prohibited from accepting donations to which any form of restriction
> is attached?

No, but they would have to be pretty badly managed not to understand
if there would be later tax, criminality, or reputation damage
implications either for themselves or the donating party.

Fae
-- 
fae...@gmail.com https://commons.wikimedia.org/wiki/User:Fae

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