Re: [gentoo-dev] Re: Paid support
On Sat, 2006-09-09 at 05:06 +, Duncan wrote: I see (and appreciate) his point tho. As you say, we /should/ be in the clear. However, if we use the wrong language on the paid support setup page, then the IRS /could/ find that the corporations are hiring Gentoo developers in a quid-pro-quo of some sort, and that the Gentoo NFP is only an attempt at an illegal tax shelter arrangement whereby Gentoo is just a convenient way to arrange to pay someone more without them having to pay taxes on it. There's no point in reading *anything* else below here, because you've made one BIG assumption. We *do* pay taxes. When $company hires me to do work for them, I fill out a W-9. This means that *I* am an independent contractor and *I* am responsible for paying the taxes on my income. Gentoo has nothing to do with it. All liabilities are on the individual and the company. -- Chris Gianelloni Release Engineering - Strategic Lead x86 Architecture Team Games - Developer Gentoo Linux signature.asc Description: This is a digitally signed message part
Re: [gentoo-dev] Re: Paid support
I am just wondering, how does this affect European developers? Does this make us financially active in the US even if we work for a European company due to the fact that we are bound to Gentoo Foundation which *is* registered as a NFP Organization in the US? What are our responsibilities from the juridic point of view in the US and in the EU? Chris Gianelloni wrote: On Sat, 2006-09-09 at 05:06 +, Duncan wrote: I see (and appreciate) his point tho. As you say, we /should/ be in the clear. However, if we use the wrong language on the paid support setup page, then the IRS /could/ find that the corporations are hiring Gentoo developers in a quid-pro-quo of some sort, and that the Gentoo NFP is only an attempt at an illegal tax shelter arrangement whereby Gentoo is just a convenient way to arrange to pay someone more without them having to pay taxes on it. There's no point in reading *anything* else below here, because you've made one BIG assumption. We *do* pay taxes. When $company hires me to do work for them, I fill out a W-9. This means that *I* am an independent contractor and *I* am responsible for paying the taxes on my income. Gentoo has nothing to do with it. All liabilities are on the individual and the company. -- gentoo-dev@gentoo.org mailing list
Re: [gentoo-dev] Re: Paid support
On Sat, 2006-09-09 at 18:49 +0200, Ioannis Aslanidis wrote: I am just wondering, how does this affect European developers? Does this make us financially active in the US even if we work for a European company due to the fact that we are bound to Gentoo Foundation which *is* registered as a NFP Organization in the US? What are our responsibilities from the juridic point of view in the US and in the EU? If you are not working for a US company, then US law does not apply. This is exactly the point that I am trying to get across. This is no different than someone contracting you now. You would be required to follow the laws that govern a normal contract. If it is within the same country, then the laws of that country. If it is across international borders, then you would be required to do whatever is necessary according to the laws of both countries. The only reason that US law would be used is if you either live in the US or are working for a company in the US. -- Chris Gianelloni Release Engineering - Strategic Lead x86 Architecture Team Games - Developer Gentoo Linux signature.asc Description: This is a digitally signed message part
Re: [gentoo-dev] Re: Paid support
On Sat, 2006-09-09 at 15:03 -0400, Chris Gianelloni wrote: On Sat, 2006-09-09 at 18:49 +0200, Ioannis Aslanidis wrote: I am just wondering, how does this affect European developers? Does this make us financially active in the US even if we work for a European company due to the fact that we are bound to Gentoo Foundation which *is* registered as a NFP Organization in the US? What are our responsibilities from the juridic point of view in the US and in the EU? If you are not working for a US company, then US law does not apply. This is exactly the point that I am trying to get across. This is no different than someone contracting you now. You would be required to follow the laws that govern a normal contract. If it is within the same country, then the laws of that country. If it is across international borders, then you would be required to do whatever is necessary according to the laws of both countries. The only reason that US law would be used is if you either live in the US or are working for a company in the US. That and it is all an entirely moot point as the Foundation would not be making money in any way shape manner or form it is no different from HotJobs, Monster, or the Penny Saver...we would be connecting people with jobs...NetBSD already does this btw...http://www.netbsd.org/gallery/consultants.html and they are a *more* restrictive 501(c)3. --Dan -- gentoo-dev@gentoo.org mailing list
Re: [gentoo-dev] Re: Paid support
On Sat, 2006-09-09 at 21:23 -0700, Daniel Ostrow wrote: On Sat, 2006-09-09 at 15:03 -0400, Chris Gianelloni wrote: On Sat, 2006-09-09 at 18:49 +0200, Ioannis Aslanidis wrote: I am just wondering, how does this affect European developers? Does this make us financially active in the US even if we work for a European company due to the fact that we are bound to Gentoo Foundation which *is* registered as a NFP Organization in the US? What are our responsibilities from the juridic point of view in the US and in the EU? If you are not working for a US company, then US law does not apply. This is exactly the point that I am trying to get across. This is no different than someone contracting you now. You would be required to follow the laws that govern a normal contract. If it is within the same country, then the laws of that country. If it is across international borders, then you would be required to do whatever is necessary according to the laws of both countries. The only reason that US law would be used is if you either live in the US or are working for a company in the US. That and it is all an entirely moot point as the Foundation would not be making money in any way shape manner or form it is no different from HotJobs, Monster, or the Penny Saver...we would be connecting people with jobs...NetBSD already does this btw...http://www.netbsd.org/gallery/consultants.html and they are a *more* restrictive 501(c)3. Oh and to forestall the argument ... those three companies charge for their service...we would not...so again, moot point. --Dan -- gentoo-dev@gentoo.org mailing list
