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Trouble at the Krita Foundation

The Krita Foundation is having some unexpected financial difficulties and is looking for help. "Even while we’re working on a new beta for Krita 3.2 and a new development build for 4.0 (with Python, on Windows!), we have to release some bad news as well. The Krita Foundation is having trouble with the Dutch tax authorities."

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Trouble at the Krita Foundation

Posted Aug 1, 2017 14:34 UTC (Tue) by jfebrer (guest, #82539) [Link] (8 responses)

I just made a little donation. I hope they can overcome this unfortunate situation.
Krita is really important software for the free/libre community.

Trouble at the Krita Foundation

Posted Aug 1, 2017 14:56 UTC (Tue) by falm (subscriber, #69545) [Link] (7 responses)

Just followed your example

Trouble at the Krita Foundation

Posted Aug 1, 2017 15:31 UTC (Tue) by halla (subscriber, #14185) [Link] (2 responses)

Thank you all!

Trouble at the Krita Foundation

Posted Aug 2, 2017 6:55 UTC (Wed) by richard77 (guest, #117898) [Link] (1 responses)

Donate a small but "significant" amount ;)
It would be nice to have a counter for donations

Trouble at the Krita Foundation

Posted Aug 2, 2017 7:06 UTC (Wed) by halla (subscriber, #14185) [Link]

We're working on that. We got the basics working -- a page that lists all donations in order, but the actual counter isn't done yet :-(.

Trouble at the Krita Foundation

Posted Aug 1, 2017 16:46 UTC (Tue) by pyellman (guest, #4997) [Link] (1 responses)

Me too. Hope it helps the author(s) keep this great project going.

Trouble at the Krita Foundation

Posted Aug 1, 2017 19:14 UTC (Tue) by adam820 (subscriber, #101353) [Link]

A shame that this kind of overhead sometimes gets in the way of coding; also donated. Good luck to all getting it sorted.

Trouble at the Krita Foundation

Posted Aug 2, 2017 0:07 UTC (Wed) by dgm (subscriber, #49227) [Link] (1 responses)

Same here. I haven't used Krita much myself, but I certainly apreciate having it available. The amount I can donate is not much, but it's better than nothing I guess.

Keep calm, and continue coding.

Trouble at the Krita Foundation

Posted Aug 2, 2017 9:26 UTC (Wed) by burki99 (subscriber, #17149) [Link]

Same here - I don't use paint programs but really appreciate the continuing effort of the Krita team working really hard to make its users happy

Trouble at the Krita Foundation

Posted Aug 1, 2017 16:00 UTC (Tue) by danielpf (guest, #4723) [Link]

They could get broke, and start a brand new company in Russia or else with the same code.

That's worse than Monty Python ... !

Posted Aug 1, 2017 16:24 UTC (Tue) by Wol (subscriber, #4433) [Link] (9 responses)

Because you are a company you have to pay VAT. But because you are not a company, you cannot reclaim that selfsame VAT?!?!

Probably too late to do anything about it, but how can they get away with applying two different, incompatible!, sets of rules to the same transaction? Here in the UK I'd be raising hell with my MP, don't know how the system works for you ...

Cheers,
Wol

That's worse than Monty Python ... !

Posted Aug 1, 2017 17:13 UTC (Tue) by DOT (subscriber, #58786) [Link] (4 responses)

It would have been fair if the tax authority would have regarded the company as being retroactively split into a non-profit and a for-profit (as they are going to do in the future) and only order the foundation to pay the back-taxes for the 85% wrongly reclaimed VAT, plus a fine. Dmitri's work would then remain untaxed, since it was only for the non-profit part of the foundation. But it's unclear how the accountant got the tax bill reduced, so maybe that's exactly what happened in the end.

That's worse than Monty Python ... !

Posted Aug 3, 2017 17:18 UTC (Thu) by unilynx (guest, #114305) [Link] (3 responses)

VAT rules are passed down from the EU, so getting a British or Dutch MP involved won't help you that much (aside from just exiting the EU)

The basic rule is that everyone (i.e., every end node) has to pay VAT. Companies/organisations get to reclaim VAT if they pass VAT down. Some organisations such as non profits, home rental and education get to offer their services without having to charge VAT, but in exchange they don't get to reclaim VAT.

From some points of view, it makes sense, as it allows these (semi)non profits to 'add value' without having to charge tax for it. I won't speak of the other points of view :-)

That's worse than Monty Python ... !

Posted Aug 3, 2017 19:45 UTC (Thu) by anselm (subscriber, #2796) [Link]

It's not quite correct to claim that “VAT rules are passed down from the EU”. The EU has a few things to say about VAT, but these are very general and it is left to the individual member states to come up with specific rules as to exactly who gets to impose VAT on their customers or reclaim it and who doesn't, exactly how much VAT is charged for what sort of goods or services, etc. These tend to be very complicated indeed, differ from country to country (sometimes in quite significant ways), and keep changing all the time. It is virtually impossible to generalise. There is a document that you can get from the EU commission that tries to explain how much VAT each member state charges for what and under which circumstances. It's 50 pages or so and does not make for light bedtime reading.

So, in fact it would be great if the EU actually were to put its foot down to a greater degree in the interest of simplifying the VAT system across all member states. That, however, would be tantamount to a minor miracle so I wouldn't hold my breath waiting for it to happen. In the meantime the existing system provides tax accountants and lawyers with a very comfortable living.

That's worse than Monty Python ... !

Posted Aug 4, 2017 13:13 UTC (Fri) by Wol (subscriber, #4433) [Link] (1 responses)

> Some organisations such as non profits, home rental and education get to offer their services without having to charge VAT, but in exchange they don't get to reclaim VAT.

That is, I think, the rule. It sounds to me like Krita registered for VAT, then sold stuff without charging VAT on the sale price. Just because Krita doesn't pay VAT, it doesn't let their customers off paying.

The two ways "round" paying VAT are, I think, either (a) not to be registered when as you say you can't get the VAT back either, or (b) as a customer to have a special VAT exemption like being disabled. We can give a special certificate or something to our suppliers, which then allows them to sell us goods "zero rated". It can be nasty because they then have to prove to the authorities that we aren't liable for tax, so if we're not legit they get stung!

As someone just about old enough to remember Sales Tax in the UK, business-to-business sales didn't pay tax. So consumers used to get hold of membership cards to go to wholesalers who didn't charge tax. That's what's behind a lot of these "membership only" warehouse shops like Makro, Bookers, CostCo, etc - in the old days you HAD to be a member and you HAD to be a business. So VAT was brought in to clean up the mess - EVERYONE in the chain had to charge VAT, and NOBODY could dodge the tax.

So it sounds like Krita's advisor either didn't realise they would be selling to the general public (EVERYBODY is required to register and charge the tax if they do, unless they're "too small to make it worthwhile") or didn't understand the rationale behind how VAT works.

I guess, as was suggested, the Dutch authorities said "you took advice and the advice was wrong, so if you pay the tax you should have paid then we'll say no more about it", but like I said above - if the consumer wrongly avoids paying the tax the supplier is liable, and here Krita was the supplier ... the tax authorities don't care who's fault it was unless deliberate fraud was involved (not the case here).

Cheers,
Wol

That's worse than Monty Python ... !

Posted Aug 4, 2017 14:13 UTC (Fri) by halla (subscriber, #14185) [Link]

"It sounds to me like Krita registered for VAT, then sold stuff without charging VAT on the sale price. Just because Krita doesn't pay VAT, it doesn't let their customers off paying."

No, that wasn't the case. It's a conclusion a surprising number of people have jumped to, but no... Of course we paid VAT over stuff we sold. (These days, we mostly sell stuff through gumroad, steam and the windows store; these stores handle VAT for the seller.)

What happened was this:

* Part of our income came from sales, and part from donations
* That meant that we could only reclaim VAT on stuff we bought (like my work on Krita) to the percentage that our income came from sales. We reclaimed all of it, and that was wrong.
* But, worse, and nobody had seen this coming: we also had reverse VAT over Dmitry's work since he is in Moscow. We didn't expect that, and the consultant who helped us setup everything didn't know that either. But... Follow closely, this is going to sound weird.

** Now, if 100% of our income had been from sales, we would have been able to reclaim 100% of the VAT we had to pay in the Netherlands over Dmitry's work, effectively paying nothing.
** But since only about 15% of our income was from sales, we could reclaim only 15% of the VAT that was reversed.
** Only, if we'd been 100% donation-funded, the VAT would not have been reversed at all.
** But that doesn't mean that the since we're 85% donation-funded, only 15% of the VAT should be reversed, no: it would still be 100%.

And that part still doesn't make sense to me.

Now we've got a 100% donation funded foundation and a 100% sales funded company; we're doing some work for Intel on Krita, and the work that Dmitry does for that project is invoiced to the company, the work he does apart from that is invoiced to the foundation. The foundation doesn't get the reversed VAT and the company can reclaim the reverse VAT.

Even weirder is that work like Dmitry's doesn't even have VAT in the Russian Federation.

That's worse than Monty Python ... !

Posted Aug 1, 2017 20:58 UTC (Tue) by halla (subscriber, #14185) [Link] (3 responses)

We don't have personal mp's in the Netherlands... And the final decision was a bit weird, but the best we could get. The backlog was split along the sales/donations ratio; we're paying the sales percentage, but because we're not paying everything, we get fines and interest, which otherwise would have been waived and we cannot reclaim the sales percentage for the VAT owed over Dmitry's work because, I don't know!

That's worse than Monty Python ... !

Posted Aug 2, 2017 7:28 UTC (Wed) by MarkVandenBorre (subscriber, #26071) [Link] (2 responses)

Have you considered a Software in the Public Interest Inc. affiliation? They already handle a lot of high profile FOSS projects, like Debian, LibreOffice, ffmpeg, openwrt and more.

This could strengthen you, especially in the US. It could enable you to take tax deductible gifts there for example.

That's worse than Monty Python ... !

Posted Aug 2, 2017 10:13 UTC (Wed) by halla (subscriber, #14185) [Link] (1 responses)

Yes -- when this broke out, in February, I checked out SPI, but also the Software Freedom Conservancy, and similar organization in Europe. As a KDE project, we could even let KDE e.V. handle our finances. But that didn't help with the problem at hand, which was kind of retro-active :-)

That's worse than Monty Python ... !

Posted Aug 2, 2017 15:33 UTC (Wed) by josh (subscriber, #17465) [Link]

Working with KDE seems like a good choice, if that aligns better. But I can also highly recommend Conservancy; they're great people.

Trouble at the Krita Foundation

Posted Aug 2, 2017 16:24 UTC (Wed) by halla (subscriber, #14185) [Link]

We've also got an update today: https://krita.org/en/item/krita-foundation-update/


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