Back Pack 431 Posted June 19, 2017 Share Posted June 19, 2017 The Boy Scouts of America is a 501©(1) federally-chartered non-profit corporation. You can see a recent letter from the IRS confirming this status here: http://usscouts.org/usscouts/aboutbsa/nonprofit.asp Really easy to find by Googling Boy Scouts of America nonprofit. I agree. The internet is a wonderful thing but relying on google for your answers is dangerous. Here's the USC which contains the actual language. Can you highlight for me the part of 501©(1) that says "nonprofit"? I can't find it. §501. Exemption from tax on corporations, certain trusts, etc. (a) Exemption from taxation An organization described in subsection © or (d) or section 401(a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503. (b) Tax on unrelated business income and certain other activities An organization exempt from taxation under subsection (a) shall be subject to tax to the extent provided in parts II, III, and VI of this subchapter, but (notwithstanding parts II, III, and VI of this subchapter) shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes. © List of exempt organizations The following organizations are referred to in subsection (a): (1) Any corporation organized under Act of Congress which is an instrumentality of the United States but only if such corporation— (A) is exempt from Federal income taxes— (i) under such Act as amended and supplemented before July 18, 1984, or (ii) under this title without regard to any provision of law which is not contained in this title and which is not contained in a revenue Act, or (B) is described in subsection (l). Link to post Share on other sites
Back Pack 431 Posted June 19, 2017 Share Posted June 19, 2017 (edited) Silly? I doubt the added membership came close to repaying the ramps ( a lot of ramps), bath and shower facilities and yet it was done. The BSA decided it had to be done. Councils decided? I think a piece of legislation called the ADA decided that. There was no choice in the matter. Comply or be fined. Edited June 19, 2017 by Back Pack Link to post Share on other sites
TAHAWK 1420 Posted June 19, 2017 Share Posted June 19, 2017 (edited) "Can you highlight for me the part of 501©(1) that says "nonprofit"? I can't find it. " I referred to 501©(3) A "non-profit" or "not-for-profit" is what most call a "charitable" organization. If on some logic, you believe BSA, and perhaps all 501©(3) organizations, to be a for-profit organization for some meaning of "profit" alien to the tax laws, by all means be happy in your belief. Google is a search engine. It does not supply substance. The IRS does. https://www.irs.gov/charities-non-profits/charitable-organizations/exemption-requirements-section-501-c-3-organizations Edited June 19, 2017 by TAHAWK Link to post Share on other sites
Eagle94-A1 2687 Posted June 19, 2017 Share Posted June 19, 2017 Why not Summit-level toilet and shower facilities at all local camps? EPA and local regulations. My council has been in the process of getting permits to build a bathhouse for over 10 years now. They are now looking at scaling down the bathhouse and adding a second one to see if they will get approved. Link to post Share on other sites
Eagle94-A1 2687 Posted June 19, 2017 Share Posted June 19, 2017 The internet is a wonderful thing but relying on google for your answers is dangerous. Sorry I couldn't resist. 1 Link to post Share on other sites
TAHAWK 1420 Posted June 19, 2017 Share Posted June 19, 2017 And I cited the IRS ruling letter above. Link to post Share on other sites
RememberSchiff 3662 Posted June 19, 2017 Author Share Posted June 19, 2017 (edited) Councils decided? I think a piece of legislation called the ADA decided that. There was no choice in the matter. Comply or be fined. As a private club, the BSA was/is exempt from ADA which does seem odd if the club has members with disabilities. http://www.scouting.org/filestore/designdevelop/pdf/D-013AccessibilityConsiderations.pdf “Are Boy Scout facilities subject to the federal law?†Federal law imposes these requirements on public accommodations, which is typically a commercial operation such as a store or restaurant, and public facilities, such as libraries and city hall. Private clubs are one of the few groups that are exempt. Scout facilities such as camps and offices used exclusively by Scouts (or at least 90% by Scouts only) qualify as private club facilities and are exempt from the federal law. However, if Scout offices are leased to other organizations, or meeting rooms are rented out to the public, or the Scout shop sells a significant portion of camping supplies to non-Scouts, then these facilities may be considered “public accommodations.†More in link above, so installing accommodations was a BSA decision based on business model (who the rented to) and doing the right thing. Camp Sno-Mo Easterseals NH and the Daniel Webster Council, Boy Scouts of America work together at this nationally-recognized, residential camp program, sponsored by the New Hampshire Snowmobile Association to create a life-changing experience for campers. Located in Gilmanton Iron Works, NH, children and young adults with disabilities and special needs, ages 11-21, can inclusively participate alongside Boy Scouts in a wide variety of activities including water sports, team sports, hiking, archery, a ropes course and crafts. http://www.easterseals.com/nh/our-programs/camping-recreation/camp-sno-mo.html Edited June 19, 2017 by RememberSchiff Link to post Share on other sites
Col. Flagg 909 Posted June 19, 2017 Share Posted June 19, 2017 "Can you highlight for me the part of 501©(1) that says "nonprofit"? I can't find it. " I referred to 501©(3) A "non-profit" or "not-for-profit" is what most call a "charitable" organization. If on some logic, you believe BSA, and perhaps all 501©(3) organizations, to be a for-profit organization for some meaning of "profit" alien to the tax laws, by all means be happy in your belief. Google is a search engine. It does not supply substance. The IRS does. https://www.irs.gov/charities-non-profits/charitable-organizations/exemption-requirements-section-501-c-3-organizations Sorry to interrupt this back and forth, but BSA is not a 501©(3). Why would you quote that when BSA is a 501©(1)? Lastly, don't confuse tax-exempt status with being "non-profit". They are two different things. Link to post Share on other sites
Col. Flagg 909 Posted June 19, 2017 Share Posted June 19, 2017 As a private club, the BSA was/is exempt from ADA which does seem odd if the club has members with disabilities. Interesting, because if they rent out or allow usage of their facilities by non-members then the ARE subject to ADA. Which brings up an interesting issue: If councils have open family camp (where non-member family members use the camp, some of whom might have disabilities), doesn't that open them up to ADA compliance? That's probably an issue for the lawyers here. Link to post Share on other sites
CalicoPenn 729 Posted June 19, 2017 Share Posted June 19, 2017 (edited) Sorry to interrupt this back and forth, but BSA is not a 501©(3). Why would you quote that when BSA is a 501©(1)? Lastly, don't confuse tax-exempt status with being "non-profit". They are two different things. The BSA is a 501© (3) organization according to a letter from the IRS confirming the BSA's status from the IRS on 10.09.91 (which can be seen on the Scouting Service Project website). 501© (1) organizations are corporations organized by Acts of Congress. In order to be a tax exempt 501© (1) organization, the act must specifically state that they are exempt from taxes, not just say they are non-profit. Federal Corporations organized in such a manner are considered "instrumentalities of the federal government" - just about all of them are organized to advance the economic policies of the US government. Their corporate charters are registered directly with the US Government, not by a State or Territory. Examples are the FDIC, FannieMae, the Federal Reserve Banks, the FSLIC, Federal Credit Unions. Though the BSA does have a federal charter, which might confuse folks in to thinking it is organized by an Act of Congress and is therefore a 501©(1), it was originally registered in the District of Columbia, not as a federal corporation. All of the other patriotic and civic organizations with federal charters are also 501©(3)'s. BTW - the BSA is non-profit because there is language in the federal charter that makes it non-profit. Edited June 19, 2017 by CalicoPenn Link to post Share on other sites
Peregrinator 85 Posted June 19, 2017 Share Posted June 19, 2017 Sorry to interrupt this back and forth, but BSA is not a 501©(3). Why would you quote that when BSA is a 501©(1)? The BSA National Council is definitely a 501©(3). 501©(1) organizations are "government instrumentalities" which the BSA is not, even though it is chartered by Congress. Lastly, don't confuse tax-exempt status with being "non-profit". They are two different things. That is true but for-profit organizations cannot be tax exempt under 501©(3). Link to post Share on other sites
CalicoPenn 729 Posted June 19, 2017 Share Posted June 19, 2017 (edited) National can dictate all they want, but if the councils don't have the money what then? What happens if a council does not have the temporary or permanent facilities by these dates? I think I can answer that with a great deal of confidence. Councils that do not comply will have their charters revoked and will be merged with nearby councils and the BSA will simply say they had to do it because the Council showed that it was not fiscally healthy. For councils that can't be easily merged with a neighboring council, National will cancel the charter, effectively eliminating the current board, fire the Scout Executive, then re-organize the Council - likely in a matter of days. Edited June 19, 2017 by CalicoPenn Link to post Share on other sites
CalicoPenn 729 Posted June 19, 2017 Share Posted June 19, 2017 (edited) As a private club, the BSA was/is exempt from ADA which does seem odd if the club has members with disabilities. More precisely, BSA's facilities, if they meet certain usage thresholds to maintain "private club" status, are exempt from FEDERAL ADA regulations. For employment purposes, the BSA is still bound by the federal ADA regulations. But the key word here is federal. Almost every state has adopted and/or adapted the federal ADA regulations within their own state laws and in many of those states, though the BSA is exempt from the federal regulations, they aren't exempt from state ADA laws. If a state has adopted the federal ADA regulations as their own laws, and do not exempt "private clubs", then the BSA will still have to comply. Edited June 19, 2017 by CalicoPenn 1 Link to post Share on other sites
NJCubScouter 1389 Posted June 19, 2017 Share Posted June 19, 2017 The BSA is a 501©(3) organization and a nonprofit corporation. It says so right on the BSA's web site: Boy Scouts of America is a nonprofit 501©(3) organization. Your donations are fully tax-deductible to the extent allowable by law. https://aplacetogive.scouting.org/magento/index.php/give-to-national-scouting.html?utm_source=scouting_top_nav Link to post Share on other sites
Col. Flagg 909 Posted June 19, 2017 Share Posted June 19, 2017 Though the BSA does have a federal charter, which might confuse folks in to thinking it is organized by an Act of Congress and is therefore a 501©(1), it was originally registered in the District of Columbia, not as a federal corporation. All of the other patriotic and civic organizations with federal charters are also 501©(3)'s. BTW - the BSA is non-profit because there is language in the federal charter that makes it non-profit. I suspect the confusion lies in the issue around the Congressional charter. Link to post Share on other sites
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