While most electric cooperatives are tax exempt under Tax Code Section 501(c)(12), some of them operate as "taxable" cooperatives that are subject to a special body of federal tax law in effect before the enactment of Subchapter T in 1962.
Read Taxable Generation Cooperative Qualified for Pre-Subchapterhe USDA announced on March 10, 2011, that the Rural Utilities Service (RUS) is now accepting applications for broadband loans under the Broadband Loan Program. Although a final appropriations act has not yet been passed, RUS issued the notice now
Read RUS Accepting Applications for Broadband LoansCooperatives are eligible to receive clean renewable energy bonds (CREBs) under the Internal Revenue Code. As explained by attorney David R. Cook, CREBs are tax-exempt bonds that offer lower-cost financing for cooperative's renewable energy projects. The IRS allocates and awards
Read IRS Awards Clean Renewable Energy BondsAttorney David R. Cook identify a number of considerations in developing renewable energy projects in a recent Construction Alert. They combine their energy and construction expertise to remind project owners and developers of a few key points that arise in
Read Considerations in Developing Renewable Energy ProjectsA new class action lawsuit was filed on behalf of deceased members of South River Electric Membership Corporation, based in Dunn, N.C. The complaint centers around the electric cooperative's practice of discounting the capital credits of estates to present value,
Read New Capital Credits Lawsuit Targets PracticeIn a previous post, we discussed litigation against cooperatives involving their capital credit practices. That post contains a link to a summary discussing specific cases. One of those cases involved Carroll Electric Cooperative Corporation, an Arkansas electric cooperative. Earlier this
Read Capital Credit Litigation Update: Court AffirmsCooperatives should educate their directors, officers, managers, employees, and most importantly their members. They should emphasize the cooperative principles of (1) democratic control, (2) subordination of capital, and (3) operation at cost / allocation and return of net margins. They
Read Education on Cooperative Principles and OperationSeveral electric cooperatives throughout the country have been the subject of class action lawsuits targeting their unretired capital credits. The lawsuits were filed by one or more members or former members against the cooperative and, in some instances, against directors
Read Cooperatives’ Capital Credit Accounts Viewed as