(Disclaimer: IANAL, I have just spent far too much time on the HMRC and Charities Commission websites!)
I am not sure I have followed the peculiarities of HMRC and the like, but here is what I understand, please correct me if I am wrong:
- WER (Wikimedia UK) can file for a charity-like status which allows
it to receive donations, and this without having had a minimum of £5000 donation to start with.
Anyone can receive donations. Donations are just gifts, anyone can give them to anyone. The only issue is tax. The HMRC status counts as being a charity for tax purposes, so the donations will be tax deductible (in the case of donations from individuals, this means we can claim back the tax already paid on the donor's income using "gift aid", so if they donate £100 we can claim back about £25 extra from the tax man [I'm not sure of the exact amount, but it's about that]).
- Once that sum of £5000 is attained, then WER (WM UK) can file for
full charity status which I suppose will allow for tax deductibility for donors.
As far as I'm aware, full charity status doesn't give us any additional rights or abilities, it just imposes more restrictions on us. It is, however, a legal requirement if you want to keep the tax deductibility once you have an income over £5000.
In any case, here are how things can go
- WMF's (financial) help can come in the form lawyer/charity advice in
order to make sure that the whole paperwork and prerequisites are filled out, also to sort out the bank account issues if needed.
Yes, but I'm not sure how much help you'll be - the WMF doesn't have any experts on UK law. We should be able to get free advice directly from the charities commission for most things, as I understand it.
- If what I have stated above (the donation part) is correct, then I
would propose to resort to a WMF's donation as a very last resort and try other means to get donations to get the chapter started:
I'm not convinced a cash donation from the WMF would be legal (for WMF). The other was round certainly isn't, but I know very little of US charity law. Perhaps you could speak to Mike and get clarification on that?
*For the record, last year, around £50 000 (yes, GBP) were collected during the fundraiser through the WIkimedia Foundation. This money is collected _without_ any of it offering tax deductibility to UK residents. I would be extremely amazed if we can't get 10% of that to go directly to Wikimedia UK.
I agree, it shouldn't be an issue once we have a bank account capable of accepting donations.
*This implies that the MOST URGENT of all things is simply to open a Bank account, and to find an agreement how to best advertise Wikimedia UK during the fundraiser and to agree on how Wikimedia UK will in turn redistribute this money to the sustainability of the projects and support activities.
I agree, and if I'm elected to the board at the upcoming (in theory!) AGM, that will be my first priority (someone else may be better suited to actually be treasurer and do it, but I'll bring it up at every board meeting until it happens).
My take is that people who wish to support Wikimedia projects and haven't done so so far because they couldn't be bothered to send money to the US will be happy to spend a few pounds to help Wikimedia UK. Those who have supported the Projects by giving will also surely find it cool to be able to give in GBPs. This should get the ball rolling and fast.
The rest should then take care of itself with time and motivation.
Sounds plausible to me.
Let me reiterate that the Foundation's interest lies in a functional Wikimedia UK and for it to offer tax-deductibility as soon as possible in order to give a channel to all opportunities in the UK to become reality, allowing people to support the Wikimedia projects, whether financially, or through miscellaneous cool activities (partnerships with like-minded organisations, community support etc.).
I think that's the interest of everyone on this mailing list as well, hopefully it will soon be achieved.
In short, sorting the bank account, getting a functional body of members and strengthening the board should be the first steps to make Wikimedia UK one of the most successful chapters of all.
Hear, hear!
Tom