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Sale of stake purchased technology

Posted: Wed Nov 15, 2017 9:48 pm
by rl_albright
I have an interesting question. We have upgraded technology in our stake center, and the devices that we are upgrading still have plenty of usable life in them, they just no longer function for our needs. I am looking to try and re-coup money from upgrades, but I am failing to see how best to do this. If I were to sell it directly, then it would put me in the position of being an "agent for the church," which is how my stake finance clerk puts it. I know there are other stakes out there that need technology but are unable to invest the money that other stakes can (for various reasons).

Is there a policy about this? I don't see this issue going away as technology gets ever better and better.

Re: Sale of stake purchased technology

Posted: Wed Nov 15, 2017 10:25 pm
by russellhltn
This may be more of a finance issue. As long as the stake paid for the equipment, personally, I don't see a problem with them selling it and recouping any remaining value. I'm not sure what the concern about being an "agent for the church" is. In this case, it would seem to me that you're an agent of the unit, not "the church".

Re: Sale of stake purchased technology

Posted: Thu Nov 16, 2017 8:45 pm
by rl_albright
russellhltn wrote:This may be more of a finance issue. As long as the stake paid for the equipment, personally, I don't see a problem with them selling it and recouping any remaining value. I'm not sure what the concern about being an "agent for the church" is. In this case, it would seem to me that you're an agent of the unit, not "the church".
The main concern is to ensure that I do not jeopardize the stake or church's 501(3)c status. Or so I am told, because the church is not in the business of selling equipment to the general public. Or so that is what my stake finance clerk is saying. He is err'ing on the side of caution. I understand what he means, but I am sure there are other units out there that have the same problem, and I'm trying to discover any official or unofficial policy regarding this.

Re: Sale of stake purchased technology

Posted: Thu Nov 16, 2017 9:30 pm
by russellhltn
I am not a lawyer, but I'd think there's a distinction between selling something you used and no longer have need for, and retailing (selling something bought for the purpose of re-selling). The section on fund raising has examples of the latter.

Now, what you can do to make sure you're in the clear, I'm not sure. I can think up a few things, but I have no idea what the IRS would be looking for.

But a quick search on "selling used equipment when you're a 501(3)c" turns up some promising information.

Re: Sale of stake purchased technology

Posted: Thu Nov 16, 2017 10:08 pm
by russellhltn
I just thought of a classic example: Mission cars.