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Krita Foundation in Trouble

krita.org

131–140 of 235 posts

Re: Krita Foundation in Trouble

#131
post #79
post #70

Earlier quoted context omitted.

They would need to prove they suffered loss (and an actual error!). That's not clear in this situation. Not paying taxes you were due isn't extra costs due to your accountant, although fines and interests may be.

So it doesn't work like this? A: Hey B, how do we have to set up our company/foundation so this doesn't blog up and we have to pay non-sensical taxes only because of the way we are set up? B: Do it this way: ... (later) Z: A, you have to pay taxes because your setup is strange and makes no sense to our rules. B: Damn, we're liable for the bad advice we gave... (honest question)

No.

Legally, the hired professional is an advisor. The board/management are collectively responsible for picking a good advisor and double-checking his/her recommendations.

Bottom line: no one takes responsibility for anything (unless they're on the board) and you are on the hook for everything.

This also applies to lawyers, property professionals, medical professionals, engineers, architects, and so on.

Of course this is outrageously unfair, but the reality is that winning compensation for incompetence and malpractice is incredibly hard and expensive - and most professional contracts include explicit disclaimers of responsibility in an attempt to make it even harder.

Re: Krita Foundation in Trouble

#133
post #100

Earlier quoted context omitted.

I never heard of this. Is that actually a rule in the Netherlands? I don't think/hope it is in the UK at least.

This is a rule everywhere, in every nation with any serious tax system - otherwise it is a big loop hole for everyone and no taxes at all would be collected. Example: a dutch company sells a product to dutch consumers. They have to pay VAT. However what if they setup a company in another country that first buys the products for 0.001 cents and then sells the products back for full price to the consumer. Most, if not…

Cross-border VAT is the foundation of something called carousel fraud.

https://en.wikipedia.org/wiki/Missing_trader_fraud

The EU changed its cross-border VAT rules a couple of years ago, and they're now insanely complicated and probably unenforceable.

But unfortunately if a company/charity is domiciled in the EU then EU laws apply, even if the person with a controlling interest is domiciled elsewhere.

Re: Krita Foundation in Trouble

#134

Earlier quoted context omitted.

Not true, see e.g. Museumkaart, which is a non-profit foundation created by the Dutch museums that sells cards for accessing them for a flat fee. https://en.wikipedia.org/wiki/Museumkaart

For a perhaps more well-known example, see the Raspberry Pi Foundation. They sell, obviously, Raspberry Pis - a lot of them. They are a charitable organization, which is a type of NPO. https://en.wikipedia.org/wiki/Raspberry_Pi_Foundation

Yes, but that's in the UK, I was giving an example of a Dutch non-profit.

Re: Krita Foundation in Trouble

#135
post #10
post #9

Earlier quoted context omitted.

I thought fraud involves intent to deceive. Seems like they made a mistake, and they aren't trying to avoid the bill.

Splitting a company in two so you can avoid paying taxes is not an attempt to deceive? Is it horrible when Apple uses Ireland to avoid taxes, but OK if KDE does it?

> Splitting a company in two [..]

Splitting an organization in two so the non-profit part can enjoy the benefits the law intends to bestow upon a non-profit is exactly what the government wants you to do.

Separate rules for separate kinds of organizations are a lot easier to make than rules for combined organizations. The latter invites loopholes, but to prevent them the government tends to err on the side of 'anti-loopholes' such as the one the Krita Foundation fell into.

This is not even what the government intends, just an unfortunate side effect.

Re: Krita Foundation in Trouble

#136

Can I buy something rather than donate ? Its hard for me to donate using my company account - but very easy to buy stuff. It doesnt matter even if its a license to email you 10 times a year.

I hear this all the time with Octave too.

What exactly constitutes a purchase? How can we help you fool your company into thinking that you're buying something?

Re: Krita Foundation in Trouble

#137

Can I buy something rather than donate ? Its hard for me to donate using my company account - but very easy to buy stuff. It doesnt matter even if its a license to email you 10 times a year.

Sure: we have a shop full of stuff: https://krita.org/en/support-us/shop/ (though the website is still being hammered...)

Re: Krita Foundation in Trouble

#138
post #113

Earlier quoted context omitted.

Yes, I believe the only requirement is that the cost can't exceed of a national transfer, which is unfortunately still not free everywhere in the EU.

I think you can also be charged if a currency conversion is involved (both directly and indirectly through poor exchange rates).

Euro denominated transactions within the SEPA zone (more than just the EU!) cannot be more expensive than domestic euro transactions. See https://nl.wikipedia.org/wiki/Single_Euro_Payments_Area .

Re: Krita Foundation in Trouble

#140

Can I buy something rather than donate ? Its hard for me to donate using my company account - but very easy to buy stuff. It doesnt matter even if its a license to email you 10 times a year.

I hear this all the time with Octave too. What exactly constitutes a purchase? How can we help you fool your company into thinking that you're buying something?

Could you start a partnership to sell t-shirt with your logo or even simple stickers. Something that could be tracked.
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