Legal Question in Business Law in New Jersey
non-profit
can a non-profit organication give space to another non -profit organication to run a seprate business and take a donation for the use of that space
Asked on 3/04/09, 12:26 pm
1 Answer from Attorneys
Ronald Cappuccio
Ronald J. Cappuccio, J.D., LL.M.(Tax)
Re: non-profit
The Non-profit can get rent for space from a business or non-profit. It is considered ancillary business income, and may be subject to tax. Whether you phrase it as a "donation" or rent it is still given to occupy the space and is actually rent.
Since the tenant is a non-profit organization, it will probably not affect the Real Estate tax status of the property, but it may have zoning issues.
You would be best hiring a tax attorney experienced with Non-Profit entities to help you.
I hope this helps!
Ron Cappuccio
http://www.NonProfitEsq.com
Answered on 3/04/09, 3:19 pm
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