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IMPORTANT SANGHA DISCUSSION: Begin Accepting Donations?
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Like Mongen, I also feel very encouraged by the positive response on this thread. Jundo and Taigu have certainly put a lot of thought into the preparation of this initiative and as some say it is perhaps long overdue the we the general membership of Treeleaf Sangha will be able to contribute monetarily to its success. Thank you all.
gassho, ShokaiLast edited by Shokai; 02-09-2014, 08:10 PM.合掌,生開
gassho, Shokai
仁道 生開 / Jindo Shokai
"Open to life in a benevolent way"
https://sarushinzendo.wordpress.com/Comment
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Count me in. My only worry would be that by NOT establishing some sort of recognized business association, the donations would be deemed to be taxable income to Jundo and Taigu. But, I am thinking in terms of American tax law and I don't know anything about Japanese tax law.
Gassho,
William"First you have to give up." Tyler DurdenComment
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Count me in. My only worry would be that by NOT establishing some sort of recognized business association, the donations would be deemed to be taxable income to Jundo and Taigu. But, I am thinking in terms of American tax law and I don't know anything about Japanese tax law.
Gassho,
William
No, that is not so. Let me put on my lawyer hat for a second (Duke University Law School, Class of '86). I looked into this issue in some detail.
The American Internal Revenue Service is incredibly generous and tolerant of "church" activities (those familiar with the history of religion in the US will quickly get why), and a "church" is what they would define us as. No incorporation is needed (and, in fact, is not warranted or advisable), and it makes no difference on how we are treated. So long as we are not a secret cover for some business operations or the like, and keep the money clearly separate and well accounted for, and only use it for clearly Buddhist uses, the money will not be taxable income in any form, and will be deemed non-taxable donations to the "church". The people making the donations within the U.S. should be able to claim a deduction whether we are a "corporation" or not, no difference in either case, and should check with their accountant if they wish to do so.
If this interests you (and you have nothing better to do than read tax law), here is an IRS booklet on the subject ...
Publication 1828, Tax Guide for Churches and Religious Organizations.
and an IRS webinar ...
We are doing everything by the book, and their is no question of it being deemed anything but a charitable donation to Treeleaf, not somebody's "personal income".
Gassho, JundoLast edited by Jundo; 02-10-2014, 02:25 AM.ALL OF LIFE IS OUR TEMPLEComment
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Hi William,
No, that is not so. Let me put on my lawyer hat for a second (Duke University Law School, Class of '86). I looked into this issue in some detail.
The American Internal Revenue Service is incredibly generous and tolerant of "church" activities (those familiar with the history of religion in the US will quickly get why), and a "church" is what they would define us as. No incorporation is needed (and, in fact, is not warranted or advisable), and it makes no difference on how we are treated. So long as we are not a secret cover for some business operations or the like, and keep the money clearly separate and well accounted for, and only use it for clearly Buddhist uses, the money will not be taxable income in any form, is non-taxable donations to the "church". The people making the donations within the U.S. should be able to claim a deduction whether we are a "corporation" or not, no difference in either case, and should check with their accountant if they wish to do so.
If this interests you (and you have nothing better to do than read tax law), here is an IRS booklet on the subject ...
Publication 1828, Tax Guide for Churches and Religious Organizations.
and an IRS webinar ...
We are doing everything by the book, and their is no question of it being deemed anything but a charitable donation to Treeleaf, not somebody's "personal income".
Gassho, Jundo
Okay. My statement was only one of concern for you and Taigu, not meant to be taken as an accusation that things would not be by the book. I was worried that even though the money was donated for charitable purposes and exclusively used for charitable purposes, there might still be some way that you got taxed on the donations. None of us would want that. My sincere apologies if my concern was interpreted in another manner.
this is probably why I am an insurance lawyer and not a tax lawyer.
gassho,
jukiLast edited by Juki; 02-09-2014, 07:39 PM."First you have to give up." Tyler DurdenComment
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So long as Taigu and me are not putting the money directly into our own bank accounts, throwing in a set of Ginzu knives to anyone who donates, and then using the money to pay for Las Vegas vacations and our car payments ... no, we are all by the book and quite safe according to IRS regulations. We are well in the safe zone.
Sorry, no Ginzu knives folks!
Gassho, JLast edited by Jundo; 02-09-2014, 07:45 PM.ALL OF LIFE IS OUR TEMPLEComment
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I would like to personally volunteer to chair Treeleaf's Aviation committee. You know we need to fly in style, whenever, wherever. hahahahahahahEmail: risho.treeleaf@gmail.comComment
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IMPORTANT SANGHA DISCUSSION: Begin Accepting Donations?
Jundo,
You mention the IRS, but would you domicile the group and account in the US? That seems problematic, since you're not there, and because of FACTA, which, as an expatriate American, you have probably encountered.
Kirk
(Posted from my iPhone; please excuse any typos or brevity.)I know nothing.Comment
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Excellent idea, Sangha members should have the opportunity to give back to the Sangha that our teachers have worked so hard to build.
Gassho, Jakudo
Sent from my GT-N8010 using TapatalkGassho, Shawn Jakudo Hinton
It all begins when we say, “I”. Everything that follows is illusion.
"Even to speak the word Buddha is dragging in the mud soaking wet; Even to say the word Zen is a total embarrassment."
寂道Comment
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Jundo,
You mention the IRS, but would you domicile the group and account in the US? That seems problematic, since you're not there, and because of FACTA, which, as an expatriate American, you have probably encountered.
Kirk
(Posted from my iPhone; please excuse any typos or brevity.)
You mean the "Foreign Account Tax Compliance Act" (FACTA), because I am an expat US citizen living in Japan. It does not apply or, at most, requires simple reporting to the IRS that the account exists.
Any bank account for donations belongs to "Treeleaf", not to me or Taigu or any people here. "Treeleaf" is recognized as a separate entity (an association which is deemed a "church") by the IRS.
It is best to locate the account in the USA for any number of reasons, especially since the greatest single number of members reside there, it is the one country where we have the single most activities such as sitting groups and the like. The signatories on the account would be (at bank request) Americans living near the bank. We have many members in other countries, but the US was the single place with the best connection even though we have members divided in many many countries. (I might have put all the people in the EU together as "one place", but still we have more Yanks. Anyway, I am not familiar with EU law enough to structure this). Our US connection is more than sufficient. It is sufficient for IRS purposes to say that Treeleaf has a strong or its strongest connection and activities in the US even though we have branches many places.
In Zen ... and tax law ... you have to pick one place to be headquarters, and just be there!
By the way, I should not have been joking ... even in jest ... about "ginzu knives and trips to Vegas." It was too near my bedtime. So, let me say it again in a more serious way:
So long as we keep the funds segregated and well accounted for, do not operate a commercial business or the like under secret cover of being a "church", do not co-mingle or use the funds for personal uses and clearly earmark them for "Buddhist" and the like religious activities, and continue to engage here at Treeleaf in active and actual Buddhist Practice, then there is no chance that these funds will be deemed "personal funds" of Taigu or me or anyone else. Very clearly, we are in compliance with all the requirements. The donations will be deemed by the IRS as charitable donations to an association, a "church", that stands separate for tax purposes from any individual such as Taigu, me, signatories on the bank account or any of our members.
Gassho, JundoLast edited by Jundo; 02-10-2014, 02:28 AM.ALL OF LIFE IS OUR TEMPLEComment
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Nindo
In addition to what Jundo said, I propose marking part of the bowl as "travel assistance fund". Members who would like to attend a retreat (primarily TL physical meetings, but also retreats at other centers) would apply to the fund for assistance, if otherwise their financial situation would not allow them to participate. The process would be confidential and no names published.
Gassho,
NindoComment
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Right now Jundo is letting everyone voice their thoughts on accepting dana. A discussion of what we will do with it is yet to come. It is a good idea, but one thing at a time.
Gassho,
DoshoComment
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