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Krita Foundation in Trouble

krita.org

171–180 of 235 posts

Re: Krita Foundation in Trouble

#171
post #47
post #11

Just a quick reminder, if everyone here donates just 3-5$, the expenses will be paid in no time :) Krita is a great software, and even though I'm not an artist it's worth supporting.

You're right. Although i don't use it, i just spent a few euros :)

Same. I don't use it, but I've heard it's extremely high quality, open source software, which we could always use more of. So I've thrown a few euros their way.

Re: Krita Foundation in Trouble

#172

I would like to leanr from the article, but it is low on facts (I may have overlooked them while reading). What is the relationship between Krita Foundation (Krita) and Dmitry? Is Dmitry an employee to Krita living in Russia? How can there be any VAT involved? Is Dmitry a freelancer who sends invoices to Krita? Do those invoices include VAT? If they do, why does Krita need to pay VAT to Dutch authorities? Does he hav…

It looks if you're importing services into the EU you need to pay VAT on those services (just like importing goods) - which Krita didn't.

If you do not have other VAT from sales, you will get the money back, which essentially means you do not have to pay that VAT - "would not have to pay VAT" from the article (but declare it).

If you have VAT from buying and selling items, the VAT you've paid for services is deducted from the difference of selling and buying.

Re: Krita Foundation in Trouble

#173
This is a good reminder that for very small organizations, it's important for the founders themselves to understand at a basic level the relevant applicable tax laws and typical exceptions. The level of accounting consultancy a small organization is going to be able to afford is unlikely to be comprehensive, and all the right questions may not be asked when making plans. But if the founders who do know all that's going on have a basic understanding of the parameters of tax law, they will have a much better chance of figuring out what exceptions might be applicable to their organization. A few days or weeks of research early on could have saved many months of stress and many thousands of euros when the problems were discovered.

Re: Krita Foundation in Trouble

#174
post #5

Earlier quoted context omitted.

Say what you will but this is simply fraud. If they were selling stuff, they should've collected and paid the VAT for Dmitry. You are NOT a non-profit if you sell stuff. There is absolutely no complexity about this. Didn't they see anything wrong with selling stuff without collecting the VAT from every transaction? And the best part: they are now separating the sales from the foundation so they can avoid paying taxes…

This is the kind of stuff HN abhors... ooops it's not Amazon, it's Krita! Amazon want to skip taxes with the intent of making more money for themselves. Krita want to skip taxes with the intent of making free software for strangers. Seems like there's a moral difference there (as well as, of course, the actual legal difference).

Krita wants to skip taxes that for either a company or a non-profit would be skipped, but since they are both they fall into a weird zone where they cannot.

Re: Krita Foundation in Trouble

#175
post #79

Earlier quoted context omitted.

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 th…

Sounds like what they should have gotten was "audit insurance". IDK if such a thing exists, but if it does I'd think you could reduce your premiums if you can prove your risk is low (by providing documentation, or by getting sign-off by a 3rd party tax accountant).

Point is, I'd want to pay money to remove my liability, not just reduce its likelihood.

Re: Krita Foundation in Trouble

#176

Earlier quoted context omitted.

It's so easy for organisations like Octave to sell stuff to companies that it blows my mind why you don't. Octave Pro would simply be a support license to email you 10 times a year. Or the right to create 10 bugs per year on a bug tracker. So easy to get past accounting. A plushie would be hard.

It's not easy. Or if it is, would you do it for us? There's really no "us", it's just a bunch of people together on the internet. Except for write access to our website, you're as qualified and authorised to do the legwork as I am. Even receiving donations is complicated, which is why we're grateful that the FSF does it for us. I've also heard mixed reports about whether this would help with a revenue stream or not.…

Why dont you write in to https://stripe.com/atlas . It is run by @patio11 - the resident god of running self-sustaining software companies. I dont know of anyone better to either help you or advise you.

We all want you to succeed. Trust me - it may feel we are condescending, but it comes from a desperation to not see great open source software die. So please excuse my language if it offended you.

Re: Krita Foundation in Trouble

#178

Earlier quoted context omitted.

Yes. This is what people don't understand. I call it "gratitude-ware". You give me an invoice, and I will pay you 500$ for a pixel on a page.

That's all you need? An invoice? I don't need to form a company or send you tax forms? I can make an invoice rather easily in LaTeX. So, can I do that? Add a note under the donation page that says, "if you need an invoice for your donation, email us here"?

IANAL, but as was said elsewhere, please don't do that carelessly. It really depends on your local law, but don't go around making fake invoices if you don't have a legal structure. Depending on where you are it would be more or less easy, but don't go exposing yourself. In most countries, those on the receiving end of a (fake) invoice have much less risk than those emitting them.

It's actually the jist of this blog post. They thought they were square, but tax authorities don't understand how open source non profits work, and they made mistake in the structure. So depending on where you are you have to make sure you stay within the law.

Re: Krita Foundation in Trouble

#179

Earlier quoted context omitted.

That's all you need? An invoice? I don't need to form a company or send you tax forms? I can make an invoice rather easily in LaTeX. So, can I do that? Add a note under the donation page that says, "if you need an invoice for your donation, email us here"?

I am not an accountant. This is not tax advice. However, I do international consulting and have to deal with this kind of stuff all the time. Basically, for him , he needs an invoice. It should describe what he's getting and how much it costs. Then it's up to him to convince his company to pay the invoice. Whether or not they can claim it is an expense is probably important to the company, so something like a support…

> Whether or not they can claim it is an expense is probably important to the company, so something like a support contract is much more useful than a sticker (I really, can't imagine how to declare a sticker from a non-partner as an expense...)

+100 - absolutely bang on target.

> TL;DR: giving him an invoice (especially for a service) will make it easy for him to pay you, but will make things complicated for your taxes. It only makes sense if you think you will make a lot of money.

Question - is it easier to take and account for donations ? that's what I dont understand. In India, donations are taxable as income - in fact they are a bigger pain to account for (gift tax) than normal business income. So the question is not "nothing vs invoice" - it is "donation vs invoice"

The whole point of this thread from Krita was that they thought they were exempt ...but got screwed badly because they ran afoul of tax laws. Is this not a case of better safe than sorry : Dont take any money ... or do it the right way ?

Re: Krita Foundation in Trouble

#180
post #119
post #99

Earlier quoted context omitted.

If they were within the EU they would be. But because Dimitry is outside the EU, whoever's importing their work from outside the EU is responsible. (This prevents avoiding VAT by having your work done outside the EU). The EU has no way to go after an outside entity, so that's how it has to be.

Maybe I'm not quite intelligent but doesn't the VAT only work in the same jurisdiction? I mean, if we are on different tax jurisdictions then VAT should not be applicable. That's, at least, how it works in my country.

Right, if I (in the US) buy something from Krita that was made in Russia: Kritia needs to pay the VAT when they buy the work from Russia. Then when they ship to me they get a refund of that VAT. The sum collected is zero, but a lot of paperwork had to be done correctly to get there.

A simplified explication is Krita's situation is so complex nobody in the world can figure out how to get the paperwork correct, but they are not in trouble because they didn't. Tax law doesn't care if you can figure it out how to do it right, just that you do it right.

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