Not For Hire Charity Work

Nope...not at all. Just because it is a non profit does not make it non commercial. It is "commercial" operation every way shape and form. They may be a "private carrier", but defiantly are "for hire".

 

I wouldn't think it would change the "Not For Hire" status. But why would the original not for hire company pay another company to haul for them?? Wouldn't they be losing money. Unless i'm misunderstanding what you're saying.

 

Even though no one is being paid, the food bank is a a commercial business...not an individual... and benefiting financially from the haul (by not having to pay for it), hence the commercial status which would not qualify as Not for Hire. If it was moving food for you neighbor, you might be good...but for a food bank you would be subject to all of the commercial regulations.

 

I would actually contact a lawyer in the state this is taking place. Non-profits may be considered commercial entities in the strictest sense but there is something about donations of time and materials under some state laws that would allow this to take place because of the purpose of the non-profit (social aid, animal aid, etc ..).

If the use of the truck is the main issue, then donating the exact cost to move the material to the non-profit while at the same time arranging the move may be one solution - the donation is a tax deduction depending on your company situation is while the time involved can be written off as a loss.

Again talk to a lawyer and your accountant about these two ideas.