this post was submitted on 26 Feb 2024
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Can you register a project or do you need to make an organization?
IANAL and I have zero experience doing anything remotely like this.
But from my cursory reading of the IRS instructions on their website, doing this in the US specifically is more or less a two step process:
Form an organization by filing with your local state. Every state handles this process differently; in some (most?) this can be as straightforward as filling out a form, paying a processing fee on the order of $100 or so, and waiting for approval. Just don't form an LLC in particular, as that complicates the next step.
Fill out Form 1023-EZ with the IRS. This requires proving your organization qualifies for tax exemption (it is not clear to me whether this would) and a filing fee of $275. Your org also cannot possess more than $250,000 of assets, cannot receive more than $50,000 of revenue from donations within the span of a year, and cannot be registered as an LLC. If you fail to meet these, you need to fill out the regular Form 1023, which I believe is more involved and has a more expensive filing fee.
If both of these forms are accepted, kapow! You are now a tax-exempt organization, and other corporations can charitably donate to your project for tax breaks. Just remember to do your station-keeping tasks like filing your annual company and tax exemption status renewals, reporting your earnings to the IRS, and sending receipts to donors.
Most open source developers don't want to be messing about with non-profit admin tasks. This is why umbrella organisations like the Software Freedom Conservancy exist.
The next question is what qualifies for tax exemption. I feel like open source projects should be counted as services for public good
There is a long, long list of classifications they may put you in. I believe appointing one to you is their job, so you don't get to pick. I read through all of these and couldn't decide which of them really applies to, "I am building a FOSS app/library".
There is a "scientific research" designation. Does that count? Well, if so, it says this:
Is building software "designing or construction of equipment" that is "incident to commercial operations"?
Maybe it belongs under classification U41, which is Computer Science? Does building software count as "research" into comp sci for the benefit of the general public?
Maybe it's W80, public utilities? I think that's intended more for municipal utilities like electricity, water, gas, and sewer, not public software projects.
I really have no clue. Here be dragons.
Having done the 501C3 dance in the US, its a LOT of work. That's why there's the Software Freedom Conservancy for projects that meet their criteria.
No idea. All I'm saying is if companies can save taxes by donating, they'll have an incentive.