Since 2009, at least 14 cases have been filed against electric cooperatives over patronage capital (or capital credits) in eight states: Alabama, Arkansas, Georgia, Missouri,… Read More »Arkansas water co-op heads to court to settle dispute over capital credits
Real Estate Investment Trusts and Cooperatives’ Patronage Dividends Some of the more interesting cooperative tax cases involve the interplay of cooperative tax law, such as… Read More »Real Estate Investment Trusts and Cooperatives’ Patronage Dividends
To view this Cooperative Tax Brief in the traditional PDF format, click here. Introduction What counts as notice of patronage under Subchapter T? Traditionally, notices… Read More »Cooperative Tax Brief: Alternative Methods of Patronage Notification
USDA Magazine Article Discusses Management of Capital Credits and Patronage Dividends The USDA publishes a bi-monthly magazine, Rural Cooperatives, which covers various issues encountered by… Read More »USDA Magazine Article Discusses Management of Capital Credits and Patronage Dividends
Cooperatives May Offset Bad Debt With Capital Credit Balances
Like for-profit companies, cooperatives encounter bad debt of members and patrons. They can initiate collection efforts to pursue bad debts, but because their members are also their owners, debt collection can be a complicated endeavor. With regard to former members, a recent IRS private ruling discussed an alternative option for recovering outstanding balances.
To view the latest Cooperative Tax Brief, click here or continue reading below.
Read More »Cooperative Tax Brief: Cooperatives May Offset Bad Debt With Capital Credit Balances
Who is entitled to vote as a cooperative member when a facility is composed of separately metered units? Does it matter whether residents of each unit are billed separately by the cooperative? Does the answer change when there are separate meters, but residents pay their pro rata portion to the facility’s owner, who remits payment to the cooperative? Read More »Member Voting and Multi-Meter Facilities
AHC attorney David Cook will address the National Telecommunications Cooperative Association concerning recent developments in cooperative taxation. Cooperatives must comply with special tax rules to qualify, or continue to qualify, for tax advantages such as tax exemption or deduction and exemption of patronage earnings. The session will include options for allocation and retirement of capital credits and patronage dividends, along with recent IRS rulings in this area. He also will cover cooperative tax issues arising from consolidated reporting, the formation of subsidiaries, and various corporate transactions, such as liquidations and mergers. Read More »AHC Attorney David Cook Addresses NTCA Regarding Cooperative Taxation
Cooperatives have been given conflicting guidance from the IRS concerning the proper treatment of discounting of capital credits. Specifically, some pronouncements indicate that the discount… Read More »Discounted Capital Credits and the Member Income Test: The Creation of a New Equity Account
This guest post is from CFC’s February 11, 2013 CFC Solutions Newsletter (Vol. 15, No. 6).
FROM THE CFO’S DESK
Enacting a Capital Credits Policy Change
Read More »Guest Post: Enacting a Capital Credits Policy Change
AHC attorneys have been closely following lawsuits against cooperatives’ capital credit management. We recently developed an updated summary of the cases. Take a moment to review the summary by clicking here.Read More »Updated Capital Credits Litigation Summary
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