Dave Osborn, CEO of Valley Telephone Cooperative, Inc., explains why lawmakers need to update the USF to account for the services of rural telcoms. Read… Read More »Rural Telecom Coops Request Lawmakers to Update USF
To view this AHC Cooperative Tax Brief as a PDF, click here. The IRS has rejected an organization’s application for exemption under Section 501(c)(12), even… Read More »Cooperative Tax Brief: Federated Telecommunications Cooperative Denied Exemption
AHC is pleased to announce the creation of a new blog dedicated exclusively to the energy industry. The former Cooperative Law and Energy Blog has… Read More »AHC Creates Blog Dedicated Exclusively To Energy Law and Power Transactions
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
The Federal Highway Administration issued an interpretation of 23 U.S.C. Section 313(g) to apply the Buy America Requirement to utility relocations. Given the importance of federal funding to highway projects and the inevitable need for utility relocations, this interpretation can have important impacts on utility cooperatives. Read More »FWHA Imposes Buy America Requirement to Utility Relocations
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
The Service recently denied exemption to an organization that sought exemption under Section 501(c)(12) as a mutual ditch and irrigation company. The organization failed to… Read More »AHC Cooperative Tax Brief: Mutual Ditch and Irrigation Company Denied Exemption
Earlier this past July, the Texas Court of Appeals ruled on important aspects of the cooperative lawsuit concerning Denton County Electric Cooperative, Inc., d/b/a CoServ Electric (“CoServ”). The court ruled, among other things, that (i) the cooperative was not subject to certain statutory rules governing non-profit corporations, and (ii) the electric cooperative statute did not impose a fiduciary duty on the cooperative itself. Read More »Cooperative Litigation Update: Texas Cooperative Lawsuit Considered on Appeal
In the latest cooperative tax ruling, the Service ruled that a cooperative’s (“Cooperative”) gain on sale of stock in corporations that offered services to Cooperative’s members was patronage-sourced. The ruling was important to Cooperative because it expected to fail the Member Income Test of Section 501(c)(12), subjecting Cooperative to regular corporate income tax. The favorable ruling allowed Cooperative to avoid substantial taxes in the gain.
Read More »AHC Cooperative Tax Brief: Telephone Cooperative’s Sale of Subsidiary
The latest Cooperative Tax Brief discusses a recent technical advice memorandum concerning the Member Income Test for Telephone Cooperatives. The Service ruled that funds received by… Read More »IRS Provides Guidance on Member Income Test for Telephone Cooperatives
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