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CTK International based in state holds it's own 501c3 and we…

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CTK International based in Washington...
CTK International based in Washington state holds it's own 501c3 and we operate as a foreign non-profit entity in the state of Colorado. During the course of operations a member of the church in Colorado fund out a lady from the community was going to be donating funds to a local church for kids. She did not want to donate to an International Church such as our 501c3. The Black Hawk church devised a plan to obtain a 501c3 to gain the donation of 250,000 for the purchase of the land. This occurred in 2008.Black Hawk did not become a corporation in Colorado until 2011 and did not file to get a 501c3 until 2011. The donation had already been received but it was not put into CTK Internationals bank account the funds were given directly to Black where we are not sure what account it was deposited to or in whose name. The donation letter sent to the donor came from our 501c3 (CTK International) but we did not receive the funds. The building purchase was also not put into our name but that of a name Black must have used we are not sure.Since Black Hawk had obtained their own 501c3 in 2011 it was my objection that CTK International keep them on our books for operations for legal issues. We were taking in income for the other 501c3 and paying for the employer using our tax id number and paying for the employment taxes.Black Also acquired a loan under their own 501c3 from a congregant to build the building on the land of 140,000. Since Black Hawks income has been running through our books to my objection they have now asked that CTK International send 30,000 of that income to pay on the loan payment. I've spoken to a CPA who stated this was not a legal transaction and that if money is coming from our 501c3 on a loan that we did not generate then funds would be considered taxable income to the recipient. Black Hawk is disagreeing and said that if we can't do it that way they will generate an invoice for rent for the past 3 years to CTK International to gain access to the funds but will use the funds to pay the individual and bypass the taxable income to her.Any insight or help you can provide on the nature of this transaction and situation will be greatly appreciated.
Submitted: 8 months ago.Category: Business Law
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Answered in 7 hours by:
8/29/2017
Business Lawyer: Damien Bosco, Attorney replied 8 months ago
Damien Bosco
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Business Lawyer: Damien Bosco, Attorney replied 8 months ago

From what you are saying, the CPA says that the money given to them would be taxable income. Black Hawk then says that if CTK does not want to pay the $30k to pay off the loan, then they would charge rent in that amount. Are you saying the CTK does not want to pay the $30k at all, either as a loan payment or as rent?

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Customer reply replied 8 months ago
What I'm saying is CTK can't pay 30,000 saying it's for rent when the money will be used to pay for the loan. To pay the loan payment CTK needs the documents and the individual receiving the funds to fill out a W-9 because its taxable income to her. They are refusing to to give the documents and are trying to go around the law so the individual can avoid taxable income. The loan is not in our 501c3s name its in the other businesses name.
Business Lawyer: Damien Bosco, Attorney replied 8 months ago

Sorry, it is a bit difficult to address this through a Q&A. Possibly you can request a phone conversation through Just Answer and we can speak on the phone about it. If not, we can continue here.

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Business Lawyer: Damien Bosco, Attorney replied 8 months ago

If you still want to discuss the issues, let me know.

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