Gentoo Archives: gentoo-project

From: Aaron Bauman <bman@g.o>
To: gentoo-project@l.g.o
Cc: gentoo-nfp <gentoo-nfp@l.g.o>, Gentoo Elections <elections@g.o>
Subject: Re: [gentoo-project] Re: [gentoo-nfp] 2021 Trustees election
Date: Wed, 07 Jul 2021 18:22:35
Message-Id: YOXw5subDZaOhlnT@Aaron-Baumans-MacBook-Pro.local
In Reply to: Re: [gentoo-project] Re: [gentoo-nfp] 2021 Trustees election by Matt Turner
1 On Wed, Jul 07, 2021 at 11:05:47AM -0700, Matt Turner wrote:
2 > On Wed, Jul 7, 2021 at 7:26 AM Aaron Bauman <bman@g.o> wrote:
3 > > > Are you instead interested in the Foundation moving from a 501(c)6 to
4 > > > a 501(c)3 so that donations are tax deductible? If so, have you done
5 > > > anything to work towards that?
6 > > >
7 > >
8 > > We are not a 501(c)6 and never have been. We also have never been a
9 > > 501(c)3 as the original board members never completed the paperwork.
10 >
11 > This is a pretty great example of the lack of communication I'm talking about.
12 >
13 > If we're not a 501(c)6 and never have been, then what are we and why
14 > don't you just state that so we're all on the same page?
15 >
16 > According to [1] we seem to be a 501(c)1. According to Funtoo [2] we
17 > seem to be a 501(c)6. According to Wikipedia [3] we seem to be a
18 > 501(c)6. This [4] says the Gentoo has never been a 501(c)6 and since
19 > that's in the foundation namespace, I assume it must be definitive.
20 >
21
22 [1]: AoI do not make us a a 501(c)(1) and that should be corrected. It should
23 refer to simply 501 or the specific article governing our tax exemption
24 as incorporated. Which is another can of worms.
25
26 [2]: Probably shouldn't care what Funtoo says.
27
28 [3]: Don't trust everything you read on the internetz
29
30 [4]: "Although it has been a goal for the Foundation to
31 achieve charitable 501(c)(6) status, the necessary US
32 Federal paperwork has never been filed as such."
33
34 We are not any of these as the paperwork has never been filed. Will
35 update the Wiki afte deconflicting what is filed with the state.
36
37 For posterity, some have adovocated for 501(c)(6) status which is what
38 some umbrella orgs use. There are key differences in a 501(c)(3) vs
39 501(c)(6). We would fit into a 501(c)(3), but as noted there are "public
40 support" tests which can impact this due to major donations from key
41 people.
42
43 We are incorporated as a non-profit in the state of New Mexico, but this
44 does not carry any weight with federal.
45
46 -Aaron

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