Re: [gentoo-project] Re: [gentoo-nfp] 2021 Trustees election

[Aaron Bauman <bman@gentoo.org>]

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On Wed, Jul 07, 2021 at 11:05:47AM -0700, Matt Turner wrote:
> On Wed, Jul 7, 2021 at 7:26 AM Aaron Bauman <bman@gentoo.org> wrote:
> > > Are you instead interested in the Foundation moving from a 501(c)6 to
> > > a 501(c)3 so that donations are tax deductible? If so, have you done
> > > anything to work towards that?
> > >
> >
> > We are not a 501(c)6 and never have been. We also have never been a
> > 501(c)3 as the original board members never completed the paperwork.
> 
> This is a pretty great example of the lack of communication I'm talking about.
> 
> If we're not a 501(c)6 and never have been, then what are we and why
> don't you just state that so we're all on the same page?
> 
> According to [1] we seem to be a 501(c)1. According to Funtoo [2] we
> seem to be a 501(c)6. According to Wikipedia [3] we seem to be a
> 501(c)6. This [4] says the Gentoo has never been a 501(c)6 and since
> that's in the foundation namespace, I assume it must be definitive.
>

[1]: AoI do not make us a a 501(c)(1) and that should be corrected. It should
refer to simply 501 or the specific article governing our tax exemption
as incorporated. Which is another can of worms.

[2]: Probably shouldn't care what Funtoo says.

[3]: Don't trust everything you read on the internetz

[4]: "Although it has been a goal for the Foundation to
achieve charitable 501(c)(6) status, the necessary US
Federal paperwork has never been filed as such."

We are not any of these as the paperwork has never been filed. Will
update the Wiki afte deconflicting what is filed with the state. 

For posterity, some have adovocated for 501(c)(6) status which is what
some umbrella orgs use. There are key differences in a 501(c)(3) vs
501(c)(6). We would fit into a 501(c)(3), but as noted there are "public
support" tests which can impact this due to major donations from key
people.

We are incorporated as a non-profit in the state of New Mexico, but this
does not carry any weight with federal.

-Aaron

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