TaxCPANY Posted December 1, 2008 Report Posted December 1, 2008 New client received 20K grant from 501(C )(3) to found new "service enterprise (SE)." Client accepts grant personally. One month later, he funds now-incorporated SE with 18K remaining (after spending 2K fully in compliance with grant terms). Can I finesse this by declaring on 1040 line 21 that grantor's 1099 'really belongs' to the EIN of the SE instead of client's SSN --- as works when vendees erroneously issue 1099s to individuals instead of their EIN'd partnerships and S corporations? It's the 501(C )(3) source that baffles me -- despite 'running' several nonprofits for some years; it's the first time I've encountered such mis-timing. All astute, experienced remarks welcome. VTY, TaxCPANY Quote
samingeorgia Posted December 1, 2008 Report Posted December 1, 2008 I have a few questions: 1. Is the new entity intended to be tax-exempt? 2. Has the new entity filed the paperwork asking for recognition of exemption? 3. To whom was the check from the first 501-C-3 made payable? 4. What are the terms of the grant? 5. The guy who received and spent the first $ 2,000 -- what is his relationship to the first organization -- officer, director, what? I agree it looks like they got the cart before the horse, here. Quote
TaxCPANY Posted December 1, 2008 Author Report Posted December 1, 2008 1. No; the new entity is a for-profit corporation -- so, 2. N/A. 3. Grant made in client's personal name + that of SE, deposited in client's Sched C bank account. 4. Haven't seen the grant terms yet; have asked for a copy. 5. Gal -- actually -- is independent of grantor. Much obliged for your interest, samingeorgia. TaxCPANY I have a few questions: 1. Is the new entity intended to be tax-exempt? 2. Has the new entity filed the paperwork asking for recognition of exemption? 3. To whom was the check from the first 501-C-3 made payable? 4. What are the terms of the grant? 5. The guy who received and spent the first $ 2,000 -- what is his relationship to the first organization -- officer, director, what? I agree it looks like they got the cart before the horse, here. Quote
samingeorgia Posted December 2, 2008 Report Posted December 2, 2008 Well, it looks to me that the $ 20K is taxable to the recipient, maybe some of the first $ 2,000 is deductible as ordinary & necessary business expense, depending on our old friend "facts and circumstances". The 18K is just invested in the client's new corp. The fact that the money came from a 501-C-3 doesn't enter into it. If you received an audit fee of 20K from a nonprofit client, spent 2K on expenses and invested the rest in the stock market or a CD, wouldn't it be the same thing? The good news is that the client has 18K basis in the new entity, which might stand her in good stead if she elects S status.... Quote
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