Gentoo Linux becomes an SPI Associated Project
The Gentoo Linux project has announced
that it is now an Associated Project of Software in the Public Interest
(SPI), which will allow it to accept tax deductible donations in the
US and reduce its "non-technical workload
":
The current Gentoo Foundation has bylaws restricting its behavior to that of a non-profit, is a recognized non-profit only in New Mexico, but a for-profit entity at the US federal level. A direct conversion to a federally recognized non-profit would be unlikely to succeed without significant effort and cost.
[...] SPI is already now recognized at US federal level as a full-[fledged] non-profit 501(c)(3). It also handles several projects of similar type and size (e.g., Arch and Debian) and as such has exactly the experience and background that Gentoo needs.
According to the announcement, the goal is to "eventually
transfer the existing assets to SPI and dissolve the Gentoo
Foundation
". How to do that is still under discussion. This will
not affect Förderverein
Gentoo e.V., which has public-benefit status in Germany and can
accept tax deductible donations in Europe.
Posted Apr 11, 2024 1:02 UTC (Thu)
by NightMonkey (subscriber, #23051)
[Link] (2 responses)
Sincerely,
Posted Apr 11, 2024 10:38 UTC (Thu)
by Heretic_Blacksheep (guest, #169992)
[Link]
Posted Apr 11, 2024 12:55 UTC (Thu)
by sdenlinger (subscriber, #24239)
[Link]
Posted Apr 11, 2024 6:22 UTC (Thu)
by geuder (subscriber, #62854)
[Link] (7 responses)
Here in this EU country there is no tax deduction possibility for any kind of welfare, the public good or similar. Even in those countries where it exists I'd guess the national tax office needs to approve the organization first, seems difficult to impossible if the organization is in a different country.
Posted Apr 11, 2024 7:45 UTC (Thu)
by sweimann (subscriber, #762)
[Link] (3 responses)
And yes, becoming an e.V. ("eingetragener Verein", meaning registered association) in Germany means that the public utility of your association had to be checked by the authorities and this can be revoked again if you start to act commercially (which leads too some strange constructs where an e.V. owns a commercial company...).
Posted Apr 11, 2024 9:16 UTC (Thu)
by Wol (subscriber, #4433)
[Link]
And there's no reason for this to be a problem. We had a situation like that in the UK that I'm moderately familiar with - Burroughs Wellcome and the Wellcome Foundation.
Don't know the back history, but basically someone set up the Wellcome Foundation as a medical research charity, and left Wellcome Ltd (or whatever they were called) to the charity. (Wellcome then merged with Burroughs but that's by the bye.)
So we have a charity, and commercial business, working at arms length but the primary connection between the two is that the company funded the charity's activities. The Wellcome Foundation still exists, but iirc Burroughs Wellcome has now been absorbed into Glaxo Smithkline.
Cheers,
Posted Apr 11, 2024 9:47 UTC (Thu)
by benzea (subscriber, #96937)
[Link] (1 responses)
IIRC, a charitable e.V. has three categories of turnover:
I believe what sweimann is referring to is that splitting the for-profit parts into a company avoids running afoul of rules about how big the for-profit part may become in relation to the others. I assume that there are also other factors like different rules about liability that can be important when making such a decision.
Posted Apr 11, 2024 10:48 UTC (Thu)
by atnot (subscriber, #124910)
[Link]
Yes, one such factor is attackability. The relatively strict conditions of being strictly charitable make it very easy to draw organizations you don't like into an extended, expensive legal battle by questioning their charitable status. The result of which might be not just losing your charitable status, but the dissolution of the organization entirely. Hence a lot of charities doing the sort of charity work that makes you enemies chose to deliberately forego charitable status even if they would easily qualify for it.
Posted Apr 11, 2024 10:17 UTC (Thu)
by kleptog (subscriber, #1183)
[Link]
Not for lack of trying by the Commission though. From their point of view allowing some people in the EU to claim donations to the same organisation as tax deductible while others not is inappropriate discrimination forbidden by treaty. This was a decade long dispute between the Dutch government and the EU Commission.
The current situation is a sort of stalemate: Dutch tax payers can claim tax deductions for donations to organisations with ANBI status, and that status has been opened to organisations elsewhere in the EU. So, if your organisation wants to attract more donations from the Netherlands, you can apply for an ANBI status. A few open-source organisations have done this, FSF Europe e.V. for example.
So I guess the current situation is that organisations wanting to allow tax deducatble donations in the whole of Europe have to get themselves registered as a charity in every country. Which is messy. I beleive some organisations have reciprocal agreements to help here but it's quite non-transparent. It would be great if some kind of "EU charity status" could be created, but given the lack of movement on this in the last few decades, I'm not keeping my hopes up.
Posted Apr 11, 2024 10:25 UTC (Thu)
by NAR (subscriber, #1313)
[Link] (1 responses)
Posted Apr 11, 2024 13:21 UTC (Thu)
by gmatht (guest, #58961)
[Link]
Posted Apr 11, 2024 21:08 UTC (Thu)
by cypherpunks2 (guest, #152408)
[Link]
The IRC log of the meeting minutes: https://www.spi-inc.org/meetings/logs/2024/2024-03-11.txt
Posted Apr 12, 2024 11:24 UTC (Fri)
by ganneff (subscriber, #7069)
[Link]
Gentoo Linux becomes an SPI Associated Project
Happy Gentoo user since 2005
Gentoo Linux becomes an SPI Associated Project
Gentoo Linux becomes an SPI Associated Project
Gentoo Linux becomes an SPI Associated Project
Gentoo Linux becomes an SPI Associated Project
Gentoo Linux becomes an SPI Associated Project
Wol
Gentoo Linux becomes an SPI Associated Project
* charitable
* Zweckbetrieb (for-profit, but consistent with its purpose and not in competition with others)
* for-profit
Gentoo Linux becomes an SPI Associated Project
Gentoo Linux becomes an SPI Associated Project
Gentoo Linux becomes an SPI Associated Project
GNU/Linux
Gentoo Linux becomes an SPI Associated Project
Gentoo Linux becomes an SPI Associated Project