Official DMS Yard Sale?

Wouldn’t it be fun to have an official DMS Monthly Flee Market or Yard Sale :slight_smile:??

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I think that discussion was beat to death pretty well in the past. End result being that anything that is making money can’t be sponsored by DMS. and yet, I know we’ve had events where makers sell/trade/give-away items in the past. we just set up in the interactive classroom and people came and went and sometimes took stuff with them. Some of the committees also used it to get rid of old stuff so they could get new stuff.
I personally would like to have an event 2-4 times a year.

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The recent logistics committee/member exchange subcommittee talked about having rummage sales. @Raymond might know more about what came of that discussion.

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I am going to be contacting our lawyer soon about the definitive answer here.

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I’ve been giving this some thought, and have a couple of ideas how we might get something like this done. But agree, so guidance from the Attorney is wise.

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Really appreciate the board taking time to look at this!!

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We talked about having Member Exchange Days - a freebie exchange for bigger items where folks can bring them into a specific room at DMS and find new homes for those items. Of course, the understanding is that you take home what you brought if no new homes are found for it.

No money exchanged, no issues that I’m aware of - pending our wonderful Internet Lawyer, Esq. approvals.

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would that include an exchange for money?

No. :blankspace::blankspace:

I dont comprehend this.

Why does it matter if money is exchanged between buyer and seller with none passing through DMS. DMS is merely sponsoring an event.

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Because our internet lawyers say it’s an issue so we’re stuck in limbo for those types of events.

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Exactly, my only concern is for the events to be clear that money/assets are exchanged between members only and does not pass through DMS.

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Based on the responses we got the last time this came up, it’s fear and paranoia. Nobody has been willing to actually verify with an IRS-type lawyer that members holding the occasional sale is acceptable for a non-profit like we are. Those of us who gave examples of other same-class non-profits that hold regular sales were given no credit.

And, nobody wants to be bumped from status. My personal feeling is that our focus on education gives us credibility as a non-profit, and we could easily weather any guff about sales, since they are not the focus of the organization. That and $2 will get you a cup of coffee…

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So long as it’s neither sponsored, nor sanctioned/administered by the DMS, I can’t see how the lawyer would have any problems with it. Just requires some enterprising members to do a ‘one-off’ event, offsite, and in no way affiliated with the DMS in any official sense.

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you know - we JUST got done with a commercial venture (the CNC class) that was ‘sponsored’ by DMS at $300/seat. why wasn’t this a problem? the answer probably lies in that we mearly ‘loaned’ them a room. why can’t the same be done here?

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There have been some inconsistencies around small (primarily educational in nature) craft sales compared to other events and other uses of DMS resources. I am very thankful that the current board is looking at this I believe that whatever decision they make will be fair and in the best interest of DMS.

Defeats the point of being Sponsored by DMS (which does not imply DMS profits by it, or funds it).

Even if DMS had income as a result from events like this, it may still fall under non-taxable…

Some internet lawyer speak…

"The tax law does have some specific exceptions to unrelated business income, which means the income from activities like this won’t be treated as taxable.

First, activities conducted by volunteers. That means a trade or business where substantially all the work for the organization is done without compensation. Some fundraising activities, such as volunteer-operated bake sales, may meet this exception.

Second, any trade or business that is carried on primarily for the convenience of its members by a 501©(3) organization or by a governmental college or university. This exclusion is strictly limited to transactions with members, students, patients, officers, and employees. A typical example of this is a school cafeteria.

Third, any trade or business selling merchandise, substantially all of which is donated to the organization, is not taxed. Many thrift shop operations of exempt organizations would meet this exception." << How do the vending machines and commissary sales work here?? >>

https://www.irsvideos.gov/NonProfits/FundraisingDonations/FundraisingGuidelinesCharities

We will have the answer asap from our lawyer.

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No money exchanged, but personal “numenistic collectable” exchanged? I carry my current collection with me all the time, trade for all kinds of stuff: dinner, gasoline, food. It’s amazing how many collectors there really are. :innocent:

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