IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
That has provided the documentary evidence for a phenomenon that many open source project leaders know all too well: For the past four years, it's been close to impossible to get an open source project approved for 501(c)(3) classification — a nonprofit status that allows supporters to make tax-exempt donations to the organization. Take the Open Source Geospatial Foundation, which builds open-source mapping software called OSGeo. It first applied for 501(c)(3) status more than five years ago, according to Tyler Mitchell, the former executive director of the foundation. 'It's not resolved today,' he says. 'You'll just keep thinking that it will be resolved in a couple of weeks. It never will be. '"
Posted Jun 27, 2013 17:53 UTC (Thu)
by josh (subscriber, #17465)
[Link] (22 responses)
Posted Jun 27, 2013 18:16 UTC (Thu)
by hadrons123 (guest, #72126)
[Link] (6 responses)
Posted Jun 27, 2013 19:28 UTC (Thu)
by aoeu (guest, #84301)
[Link] (3 responses)
Posted Jun 30, 2013 3:21 UTC (Sun)
by rahvin (guest, #16953)
[Link] (2 responses)
Basically a few years ago a tax code change requiring disclosure of political donors caused a whole bunch of political organizations to claim they were social charities (engaged in social welfare charity which typically encompassing a few categories like helping people find work, educating them, helping with housing, food etc, basically trying to better society and peoples lives). They did this because donations to social charities are not required to be disclosed to the public. As a result the yearly number of organizations applying for social charity status went up dramatically (I don't recall the exact numbers but I think it was almost a 3000% increase in applications).
Faced with a massive increase in applications, and no increase in budget or staff the IRS applied some filters to the applications to try to set some of the applications for further review. They used common political (social charities are specifically bared from direct political activity) terms like Tea Party, Progressive and even selected other categories like Open Source which apparently the IRS doesn't understand. Though most of us would agree that Open Source qualifies as Social Charity in that it provides access to good software that helps people, in particular the poor there is significant misunderstanding from the IRS probably because there are fortune 500 companies like RedHat engaged in open source. As stated previously the IRS was concerned that these charities were engaged in for profit activity and using charity status to conceal that income.
But this is all the result of a massive number of political organizations trying to claim social charity status to avoid revealing their contributors. As an example of what I believe is the abuse the IRS was looking for it's been reported that Crossroads GPS, a organization run by Karl Rove that played a significant role in the last election (including running hundreds of political commercials in key states) was officially a social charity and in fact filed official documents claiming social charity status stating they were NOT engaged in political activity. As I said this is evidence of what the IRS was trying to stop but was being buried in paperwork by similar organizations.
The solution to this problem is to better define social charity in the tax code and put people who claimed to be doing social charity but were in fact engaged in political action where they belong, in jail. It's been very difficult for the truth to come out because there are powerful people in the echo chamber that have clearly (IMO) engaged in fraud by claiming social charity status. I have a strong belief none of them will ever be punished and the IRS workers will be thrown under the bus to distract the public from the real issue at play. Hopefully I'll be wrong on that.
Posted Jul 1, 2013 8:16 UTC (Mon)
by egcroan (guest, #91645)
[Link]
Again thank you for explaining this non-profit loophole to everyone. Now if somone could expkain it to Fox News that would be even better.
Posted Jul 2, 2013 8:20 UTC (Tue)
by jzbiciak (guest, #5246)
[Link]
The only problem with this explanation is that typically open source projects (like Xiph) organize under 501(c)(3), and the social charity designation that's getting flooded as you describe is 501(c)(4). There isn't a good reason why 501(c)(3) should get such additional scrutiny, since 501(c)(3)s are very strictly prohibited from political activity. More details: https://en.wikipedia.org/wiki/501(c)_organization
Posted Jun 28, 2013 19:52 UTC (Fri)
by robert_s (subscriber, #42402)
[Link] (1 responses)
Posted Jun 30, 2013 7:47 UTC (Sun)
by drag (guest, #31333)
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Who knows?
Posted Jun 27, 2013 20:28 UTC (Thu)
by david.a.wheeler (subscriber, #72896)
[Link] (8 responses)
Posted Jun 27, 2013 21:22 UTC (Thu)
by josh (subscriber, #17465)
[Link] (6 responses)
On the other hand, sufficiently advanced bureaucracy is indistinguishable from malice. I can pretty easily imagine such bureaucracy leading to multi-year delays that aren't actually associated with a denial.
Posted Jun 28, 2013 7:04 UTC (Fri)
by oldtomas (guest, #72579)
[Link] (5 responses)
I've never seen such an elegant generalization of Clarke's Third Law. You made my day!
Definitely QOTD worthy.
Posted Jun 28, 2013 9:27 UTC (Fri)
by k3ninho (subscriber, #50375)
[Link] (4 responses)
Posted Jun 28, 2013 12:11 UTC (Fri)
by micka (subscriber, #38720)
[Link] (1 responses)
Just add "I think..." before any sentence that express a mere point of view, please.
Posted Jun 28, 2013 16:15 UTC (Fri)
by k3ninho (subscriber, #50375)
[Link]
TITIFTFY (There, I think I've fixed this for you). Further, from where I stand the sense of my words is prefaced by 'I prefer...' at the top and ultimately sidelined as non-argumentative by the jokey context for this branch of the discussion. I think that you might have overlooked this - no worries.
K3n.
Posted Jun 28, 2013 15:13 UTC (Fri)
by tjc (guest, #137)
[Link]
It certainly seems so!
Posted Jun 30, 2013 7:50 UTC (Sun)
by drag (guest, #31333)
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Unfortunately as you get older you find that incompetence and malice are not mutually exclusive concepts. In fact, they go together more often then not.
Posted Jul 1, 2013 8:24 UTC (Mon)
by egcroan (guest, #91645)
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Posted Jun 27, 2013 22:58 UTC (Thu)
by JoeBuck (subscriber, #2330)
[Link] (5 responses)
Posted Jun 28, 2013 0:45 UTC (Fri)
by tialaramex (subscriber, #21167)
[Link]
For example, the UK has a non-governmental body that sanctions advertisers whose creations are misleading, or distasteful called the ASA. Since it's not funded by the taxpayer it gets money from (some subset of) the advertisers it is regulating. A naive funding mechanic would make it easy for a big company to effectively "pay off" the watchdog. But instead the watchdog and the funding are kept at arm's length, any particular company that runs adverts might or might not be funding the ASA, the ASA doesn't know, its oversight applies regardless.
Posted Jun 28, 2013 5:50 UTC (Fri)
by Russ.Dill@gmail.com (guest, #52805)
[Link] (2 responses)
Posted Jul 1, 2013 11:40 UTC (Mon)
by endecotp (guest, #36428)
[Link] (1 responses)
Here in the UK, there are rules about the benefit that a
But actually, your example is off-target as companies can
Posted Jul 3, 2013 2:17 UTC (Wed)
by shmget (guest, #58347)
[Link]
Even if you for-profit business is a Hotel in Africa that benefit from donated mosquito net ?
I would think that a 'charity providing mosquito net' _exclusively_ to africa is just as dubious as a charity financing a private school... in both case it restrict the _public_ to a sub-grup selected on a criteria that is orthogonal to the approved goal of the charity.
Posted Jul 1, 2013 14:52 UTC (Mon)
by jhhaller (guest, #56103)
[Link]
There are limits to what a 501(c)(6) organization may do, primarily activities which improve the business conditions of the members, such as collect statistics, provide forums/conventions to allow members to discuss the common interests. However, being limited to a small subset could be considered to be in violation of the rules. For example, an group of Pepsi bottlers was considered to be too limited, while a general group of bottlers which included competing products may have been acceptable.
How one decides whether an Open Source foundation meets the requirements for any of the 501(c) organization type has got to be a difficult job, navigating the maze of laws, regulations, court rulings, and potentially incomplete information about who can be a member, what they are getting from being a member. If I were an IRS agent, it might be appealing to ask for more information and put the application on the bottom of the pile, as there are certainly other organizations which are easier to make decisions, particularly if I had a quota on the number of applications to process. It's less work to sit on an application than to reject it and have to deal with the appeals. Approving an application and then being overturned by a next level review is also not good for one's career.
Posted Jun 27, 2013 21:58 UTC (Thu)
by bpearlmutter (subscriber, #14693)
[Link] (5 responses)
Posted Jun 28, 2013 1:51 UTC (Fri)
by jamesh (guest, #1159)
[Link] (4 responses)
Posted Jun 28, 2013 8:59 UTC (Fri)
by bpearlmutter (subscriber, #14693)
[Link] (3 responses)
Posted Jun 28, 2013 17:14 UTC (Fri)
by mathstuf (subscriber, #69389)
[Link] (2 responses)
As a side note, these stars tend to be cooler than Sol. They probably put off more heat energy over their lifetimes since they live orders of magnitude longer than the hotter blue-white stars :) .
Posted Jun 28, 2013 18:23 UTC (Fri)
by donbarry (guest, #10485)
[Link]
Posted Jun 30, 2013 13:04 UTC (Sun)
by rich0 (guest, #55509)
[Link]
Heat and temperature are NOT the same thing. The plasma in a compact fluorescent bulb is WAY hotter than a bonfire, but you can hold the former when the latter would cook your hand before you could even touch it. The difference is mass - the amount of plasma in a bulb is probably measured in micrograms, and even if that bonfire is colder than a match there might be a hundred kilos of the wood burning.
(FYI - finding estimates of plasma temperature in a fluorescent bulb is challenging. I found an article "Electron Temperature and Lamp Voltage for Various Ar Concentration in Ne-Hg Discharge Plasma" which indicated that in at least one type of bulb the electron temperature was about 2eV, which corresponds to about 23,000K. I think that most would agree that the typical bonfire is a bit colder than that.)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
If it was merely a delay, that might be appropriate. The IRS is required to check for legitimacy, and they should look for red flags that suggest problems. And if there are red flags, it makes sense that it'd take longer to check. But it sounds like the effect was to completely forbid, not merely delay, and that is unjustified. The law has certain requirements... if the requirements are met, then the status should be granted. Period.
Delay may be okay; forbidding is not
Delay may be okay; forbidding is not
Advanced bureaucracy
Advanced bureaucracy
Advanced bureaucracy
It's so much better to not have definitive sentences if you don't have the intention to give arguments.
Advanced bureaucracy
> I think you should just add "I think..." before any sentence that express a mere point of view, please.
> I think it's so much better to not have definitive sentences if you don't have the intention to give arguments.
Advanced bureaucracy
Advanced bureaucracy
Delay may be okay; forbidding is not
I don't think it's "astroturfing" that they are worried about, but tax avoidance. Let's say that you're the developer of some FLOSS software my business relies on, and I want to hire you to support it for me. Instead, you could set up a nonprofit, I could give to the nonprofit and get a tax writeoff, and the nonprofit could pay you, with an under the table agreement that only donors to the "charity" get their bugs fixed. But a straight-up support contract wouldn't get the same tax treatment.
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
need to figure out what's making the IRS uncomfortable
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
> trails and have non-profit status. If a lodge that was
> near a public land trail donated to one of these organizations
> to have this trail revitalized, would that be an analogous
> situation?
company is allowed to get in return for a donation. If the
benefit is more than (typically) 5% of the value of the
payment, then it is not considered a donation by the tax
authorities; rather, it's a payment for good & services.
count both donations and payments for services as business
expenses. The important issue arises when it's not a company
(the hiking lodge in your example) but an individual who is
making the donation. If I, as an individual hiker, make
a payment to a trail maintenance organisation, then should
that be tax exempt? We might all agree that maintaining
hiking trails is a "public good" and deserves charitable
status, but there are difficult edge cases especially where
the thing being maintained is of benefit primarily to more
wealthy individuals. A good example here is private schools,
most of which still controversially enjoy charitable status.
In comparison to, for example, a charity that supplies
mosquito nets to Africa, it's far from clear to me that a
body that improves the software that I use in my for-profit
business should be charitable.
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
mosquito nets to Africa, it's far from clear to me that a
body that improves the software that I use in my for-profit
business should be charitable."
(the former would be to improve health condition of the public, the second - presumably - to educate the public... both being approved charity purposed to qualify for tax-exemption).
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)
IRS Puts Open Source Projects Under Microscope, Spawns Nonprofit Black Hole (Wired)