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X.Org Foundation Loses Its 501(c)(3) Status

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  • #46
    Originally posted by robclark View Post
    sigh.. way to take a quote out of context. I do wonder sometimes, whether anyone bothers to read first before hitting the "reply" button. The "I've got better things to do" was in reference to me arguing with the monday-morning quarterbacks. Not anything to do with xorg foundation or BoD.

    But, ok, I'll try to summarise the situation as I understand, because reading the whole thread plus xorg meeting minutes is apparently so difficult for everyone else:
    1) xorg foundation is run by volunteers, one of which is stuart. He is not an accountant, he is a principle sw engineer. They are doing it to try to help advance x11 and the open source graphics stack. It is not a paid job. And the foundation doesn't have a huge amount of money to hire tax attorneys, etc.
    2) the foundation has not needed to file tax returns for past 8 or so years.. and this was apparently not a problem ~1yr ago when they first got 501c3 status.
    3) stuart did not say "I've got better things to do", as far as I understand he has been doing everything that he and the xorg board knew to do.
    4) then without prior warning, IRS informed them that 501c3 status is lost due to not filing last 3 yrs tax returns.

    So, maybe someone with more experience running a 501c3 or a tax attorny would have known better. (And considering we apparently have so many such experts on phoronix forums, I'm really surprised that someone else didn't step up and volunteer to advise the xorg BoD.) But to me it seems like an honest mistake. I do hope something good comes of it, it does sound like joining up under the umbrella of some bigger non-profit will be a good move. Open source graphics community is, in generally, pretty understaffed for what we do, and it does seem that trying to run a foundation on top of all the other work is just stretching things too thin.

    I know it is easier to critizise the people that are trying to help after the fact, but not terribly useful. So why don't you go do something useful instead and contribute to free software in some form or another.
    All this could of been resolved if the board allocated a few hundred dollars each year to a proper tax accountant.

    I read http://www.x.org/wiki/BoardOfDirecto...es/2013/08-22/ They allocate funds for a travel sponsorship, nothing towards dealing with the 501c issue,then wish to hand the problems over to another foundation........madness

    When your 501c is revoked due to non filing, and you want it back, you need to reapply with either (IRS form 1023 or 1024) and pay the appropriate fees.

    To easy
    Last edited by DDF420; 09-03-2013, 11:04 AM.

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    • #47
      Originally posted by DDF420 View Post
      All this could of been resolved if the board allocated a few hundred dollars each year to a proper tax accountant.

      I read http://www.x.org/wiki/BoardOfDirecto...es/2013/08-22/ They allocate funds for a travel sponsorship, nothing towards dealing with the 501c issue,then wish to hand the problems over to another foundation........madness

      When your 501c is revoked due to non filing, and you want it back, you need to reapply with either (IRS form 1023 or 1024) and pay the appropriate fees.

      To easy
      Well, to be fair, travel sponsorship to conferences for open src graphics developers who otherwise wouldn't be able to attend is one of the things that xorg foundation is supposed to be doing with it's money (along w/ sponsoring EVoC students, etc).

      In retrospect, spending a bit of money for advice from a tax attorney would have been a good idea. Although I could see why someone might mistakenly assume that doing the same thing that was done for the last 8 or so years was sufficient.

      But you sound like you know a bit about how the 501c3 stuff works. If xorg foundation continues to exist as a stand-alone entity, I'm sure they wouldn't mind some help from someone who could volunteer a bit of time to advise the board.

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      • #48
        Advise to the board: "Pay your bills on time, file your taxes on time"

        SCNR

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