documented at the [[nlnet_proposals]] page.
NLNet is a Foundation and so does not have employees or enter into "work
-for hire" agreements. It also will not give money to Corporations:
-only to Universities, individuals, and other Foundations.
+for hire" agreements. It can give money to Corporations, but not
+at a "Commercial Business-to-Business" rate which would be expected
+to include payment of Corporation insurance, tax etc.)
+Universities, individuals, and other Foundations are perfectly fine.
They have an extremely knowledgeable International Tax Law specialist
who has negotiated tax agreements with most countries in the world and
*not by the Libre-SOC project*
Note that the lack of hourly rate and the lack of contractual obligation
-is what enables this to be considered charitable donations (and why
-Corporations may not be paid or involved).
+is what enables this to be considered charitable donations.
This lack of contractual obligation also means that if the work is not
done, then there is no penalty (for you). The only thing that happens
* 2019-10-032 Proofs <https://bugs.libre-soc.org/show_bug.cgi?id=158>
* 2019-10-046 Standards <https://bugs.libre-soc.org/show_bug.cgi?id=174>
-# NLNet new members onboarding FAQ <a name="#faq">
+# NLNet new members onboarding FAQ <a id="faq">
This FAQ is written to assist people in understanding the key difference
between being "financially rewarded with charitable donations" and
"a job / contract / work-for-hire agreement".
+* Q: I heard that NLnet is EU funded, I am not in the EU therefore I
+ cannot help?
+ - A: we get this a lot: it is wrong. NLnet is quite happy to give
+ donations for work done by people outside of the EU, for the PET
+ Programme tasks (<http://nlnet.nl/PET>). The "Assure" Programme
+ is slightly different.
+* Q: I work for a company, can my company receive donations?
+ - A: of course! Just bear in mind that NLnet will not pay your employer's
+ Corporation Tax contributions (because NLnet is a Charitable
+ Foundation).
+* Q: I am from India. Can i receive charitable donations?
+ - A: Directly? no you can't! This is due to a Law in India that
+ prohibits India Nationals from directly receiving **any** Charitable
+ Donations from Foreigners! However, "work" turns out to be
+ absolutely fine, and if you have a foreign bank account (outside
+ of India), that's also fine. It's transfers to **India** bank
+ accounts from Foreign Charities that is prohibited by India Law.
+ There are solutions, basically.
* Q: So I start work on a bug: do I get paid "per hour"?
- A: No. NLnet's donations are for "results" (Milestones) not time.
This avoids NLnet being, for example, qualified under local law
- A: We can (and do) split the (pre-agreed) Milestones into sub-tasks
in our bugtracker. The same rules apply: 100% completion is required.
* Q: What if i take a longer or shorter time?
- A: If it's shorter, great! you still get the same gift/donation (good for
+ - A: If it's shorter, great! you still get the same gift/donation (good for
you!) If it's longer, then, well, this is really no different from
having given a "quote" for a job. If that's really problematic
we may be able to sort something out.
+* Q: So do I pay any tax on what I get paid?
+ - A: This is a question that you will have to ask your *Accountant*. In
+ most jurisdictions, Charitable Gifts (which is what NLnet gives you)
+ are entirely tax-free, however beyond a certain point some jurisdictions
+ might start taxing it. Bottom line: it is **your** responsibility to
+ check with **your** Accountant. Not ours, and not NLnet's. We can
+ help get you through the "Understanding Hoops" on that however it is
+ definitely your responsibility and your responsibility alone.
* Q: What was that about a Memorandum of Understanding?
- A: Part of NLnet's funding remit (under the EU Horizon 2020
Programme) and also part of the protection for yourself and for
associated Grant's MoU. Note and reinforcement reminder: *this is
not a contract*, it is simply for the NLnet Foundation's
"Accountability and Audit trails" and is entirely private.
+ Also note that the MoU specifically states (reinforcing the above)
+ that you agree that it's your responsibility to contact an Accountant
+ and to comply with local Tax Law regarding the donations that you
+ receive.
* Q: What about my privacy in that regard?
- A: NLnet do not give out confidential names and addresses and we
request that you communicate that information directly to them
- A: Correct. We receive personal charitable donations (gifts) from NLnet,
just like you would, having first also been added to the MoU.
* Q: This all sounds very odd! I want to consult my Lawyer!
- - A: Yeah please don't do that, unless they are an expert in International
+ - A: Yeah please don't do that (and please don't complain - especially
+ publicly, which, very disappointingly, we've seen online - about
+ the fact that we are asking you not waste Charitable Donations
+ on a Lawyer. **PLEASE READ THIS ANSWER CAREFULLY** and if
+ you do not understand it, **contact** us and ask questions
+ rather than make public remarks about something that you do not
+ properly understand).
+ Paying a Lawyer with Charitable Donations - which you would
+ receive and then use to pay that Lawyer - is Charitable Donations
+ completely and utterly wasted for absolutely no good reason,
+ because that Lawyer will not have the knowledge or expertise to
+ correctly answer your
+ question. Worse than that, you will be asking the **wrong expert**
+ (unless they are also an expert in International
Finance, specialise in International Tax Agreements, and are
also a Chartered Accountant, or they are prepared to work
- "Pro-bono". NLnet is Charitably funding "Works for the Public
+ "Pro-bono"). NLnet is Charitably funding "Works for the Public
Good". If you pay your lawyer hundreds to thousands of dollars
for "advice", that money needs to be replenished in your bank
- account. That means, ultimately, that NLnet is directly paying for it,
- and that is money needlessly and inappropriately wasted.
+ account. That means, ultimately, that NLnet, a Charity, is paying
+ **your legal costs** to ask a question that **your lawyer** is
+ not even qualified to answer, because they are **not an Accountant**!
Please instead have your **Accountant** review the International
- Tax Agreements that NLnet went to a lot of trouble to set up
- (<https://nlnet.nl/foundation/ANBI.html>) and if your **Accountant**
- does not understand them, have them contact Bob Goudriaan directly.
- Bob can explain it to your **Accountant**, your Accountant can explain
- it to you.
+ Tax Agreements that apply to **Charities like NLnet**, and give
+ your **Accountant** the following information:
+ <https://nlnet.nl/foundation/ANBI.html> as well as a Reference
+ to the tax rules that apply to **Charities** of the type that NLnet
+ is registered as:
+ <https://en.wikipedia.org/wiki/Algemeen_nut_beogende_instelling>.
+ Your **Accountant** can check and also explain to you the following
+ rules for philanthropy in Europe:
+ <https://www.philanthropyadvocacy.eu/legal-environment-for-philanthropy-in-europe/>.
+ If your **Accountant** does not understand them, have them contact
+ Bob Goudriaan directly. Bob Goudriaan, who is a Chartered Accountant
+ specialising in International Tax Law, can explain it to your
+ **Accountant**, your Accountant can explain it to you.
+ Did we emphasise enough, yet, that this is something that is
+ within the domain expertise of an **Accountant**, not a **Lawyer**?
* Q: I wanted to ask about "Works for the Public Good". What does that mean,
in practical terms?
- A: It means that our (your) work - must be made available under Libre
USD 250,000 for the low-end ones and go up from there).
* Q: What's this about transparency?
- A: We are funded under NLnet's Privacy and Enhanced Trust Programme
- <https://nlnet.nl/PET>. This means that, for people to be able to
+ <https://nlnet.nl/PET>. The mandate is so that people to be able to
trust what we are doing, and for independent audits to be able to
take place. Therefore, development discussion needs to be under
resources within our control to record (i.e. not github). Even the
gitolite3 and FTP server for general day-to-day *development*. Not
your "personal conversations" or (if a Professor for example) your
Lectures which happen to mention LibreSOC.
+* Q: That sounds nerve-wracking!
+ - A: This is just how Libre software development is done: entirely publicly!
+ There is nothing new here in 30+ years of Libre software development,
+ it's just that it's a condition of involvement rather than optional.
+ [sotto voice: and to be honest the traffic volume is so high and it's
+ of such specialist interest that nobody's going to be looking who isn't
+ genuinely interested :) ]
+ An additional very important reason: we need proof of prior art,
+ in case some idiotic patent troll tries to patent ideas they happen
+ to get a glimpse of. By keeping the full and complete discussion
+ on recorded **timestamped** archives such efforts may be invalidated.
+
projects / libreriscv.git / blobdiff