Hey Bob,
I don't offer any free tax advice - you need to consult legal counsel for that. And the great ones are not free
Here's an excerpt from the VA GOLD thread elsewhere on the forum. It's regarding the confusion of non-profits. I hope it helps...
It may help to clarify what we mean by "nonprofit." First of all, the first thing people assume is that there's "no money in the deal" for those involved. That's the single most misunderstood idea about nonprofits. It doesn't mean that at all. It doesn't mean we can't get anything out of it - compensation or artifacts. We can. The only thing that separates a nonprofit from a for-profit company is that payroll distribution can't exceed roughly 33% of overall budget. That's it. Honest to God. You don't have to support any charity to be a nonprofit - ever. We don't have to give anything to a museum or university if we choose not to. BUT (a big but) it is not our decision what happens to the finds whether we were nonprofit or not. That is up the the Virginia Institute of Marine Science and the Virginia Marine Resources Commission. THEY will decide whether we keep anything or compensate us for fair value.
Two people ultimately make the rules in a for-profit company. The law and the investors. That translates to the state of VA and those who invest the most. Like it or not, this won't be a democracy of forum members. Projects don't work that way. The golden rule (he who has the gold...) has and always will prevail or there will be no money for the project. Unless everyone is prepared to share the expenses equally, that's just the way it is.
The benefit to a nonprofit is that it can use its 501c3 status to receive grants and the nonprofit members decide how it is best used. That translates as us using someone else's money with us making the decisions. (end of excerpt from VA GOLD)
But in the event that someone donates a large sum, then that too translates into some of the above protocol. That's why we have to be careful about accepting any donations (since donors sometimes expect to have some say in the matters - and should). But if you get a jerk calling the shots, then everyone bails and the project is jeopardized. But I don't see any of that happening
As old man said, this will be a fun project for all, not a get-rich-quick scheme. We have no desire for tarnishing the reputation of our great hobby. All will be handled professionally and legally. Permits, archaeologists, grid layouts, documenting artifacts...the works. If you were hoping to be part of a looting gang who tore apart an old wreck to grab gold, then please don't volunteer. We don't need greedy grabbers. If you want to see how it's done like professional treasure hunters do it, them please come join us
