Tuesday, February 25, 2014

Will Kansas Pull the Plug on Tax Exemption for YMCA's?

An article in the Nonprofit Quarterly notes that there is a bill in the Kansas legislature that would strip state property tax exemption from local YMCA's (the bill targets exemptions for any service provider that receives more than 40% of its revenues from "the sale of memberships or program services").  Meanwhile, at the same time Kansas is considering another bill to give tax breaks to for-profit gyms.  Sigh . . . 

The issues here are related to my post yesterday about charities that are essentially commercial businesses.  As I noted in this post a couple of years ago, many Y's appear to be more like for-profit gyms than charities.  I pointed out in that post that my local Y in Champaign, IL had recently moved into a brand new facility on the far west side of town from an older facility near the center of the city, and about as far as you can get from any minority or disadvantaged population and still be a part of the city of Champaign.  The move was accompanied by an ad campaign touting the benefits of the move as "more value and flexibility for our members! For example, you can work out in the 9,000 square foot fitness center and then take your family to the indoor pool and water slide. Or, you can take advantage of some of our two facilities' specialized programs, like water aerobics or recreational gymnastics."

Now, just because charities compete in some way with for-profit enterprises doesn't make them a commercial business.  The fact that the Salvation Army runs thrift stores doesn't make its primary mission one of selling used goods.  But I noted yesterday that some organizations that might historically have had a charitable mission have essentially morphed into commercial businesses, because their real "primary" mission is no longer charitable.  I think that many (not all) Y's have passed this rubicon just as surely as nonprofit hospitals, major college athletics, and the USOC.

The Nonprofit Quarterly article quotes the CEO of Topeka's Y saying that if they have to pay taxes, that will be the end of the Y.  I wonder . . . I have a sneaking suspicion that if the Champaign Y lost tax exemption, it would soldier on with maybe a $50/mth membership,  instead of $47/mth.  Topeka, Kansas might have a different clientele . . . or maybe not.

John Colombo

http://lawprofessors.typepad.com/nonprofit/2014/02/will-kansas-pull-the-plug-on-tax-exemption-for-ymcas.html

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