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Re:Please remove mitsuhiko/* by randallsquared on Saturday November 01, 2014 @10:44AM (#8543204)
How can there be taxation consequences unless you act to set up a bitcoin address and accept the offered tip? If you've done all that, I think it's clear you know what you're doing. If you don't do that, then the money (apparently?) returns to the project you committed to, from whence it came.

The only way there could be tax is if you receive the money, and that can only happen by you deliberately becoming involved.

Re:Please remove mitsuhiko/* by ubernostrum on Saturday November 01, 2014 @12:24PM (#8543589)
To take some examples:

* In some countries it is illegal to opt someone into services they didn't ask for.

* In some countries it is illegal to send unsolicited emails about services.

* In some countries it is illegal to accept or solicit donations without registering first with tax authorities.

* In some countries it is illegal to suggest a financial relationship between yourself and another person/entity when no such relationship exists.

* In some countries it is illegal to pay out to people without also filing tax documents to track the payment and provide the recipient with records they legally are required to keep.

etc., etc.

Their track record when confronted by people who have issues with some/all of the above is not encouraging. They appear to me to be putting far too much faith in "we're doing BitCoin on the internet" as a magic shield against laws, and they do not appear to have ever talked to anyone who knows even the tax or service laws of even major countries in which the developers they solicit on "behalf" of live (evidenced by comments from them that they are too small to afford lawyers).

Re:Please remove mitsuhiko/* by sejje on Saturday November 01, 2014 @02:07PM (#8543964)
Which one of those examples were "taxation consequences" when someone didn't accept the tip?

They sound like lots of issues the tip4commit people have to fix/solve/etc, but not the opted-in repo maintainers, which was the point of the GP.

Re:Please remove mitsuhiko/* by aaronmusk on Saturday November 01, 2014 @04:04PM (#8544405)
you are taking life too seriously
Re:Please remove mitsuhiko/* by exo762 on Saturday November 01, 2014 @02:10PM (#8543977)

    > In some countries it is illegal to opt someone into services they didn't ask for.
Nope. You are not a part of service unless you accept the tip.

    > In some countries it is illegal to send unsolicited emails about services.
True that. This should probably be fixed.

    > In some countries it is illegal to accept or solicit donations without registering first with tax authorities.
Donation does not exist unless you accept that bitcoin. This is not a problem of tip4commit. It's a problem between country and it's tax resident.

    > In some countries it is illegal to suggest a financial relationship between yourself and another person/entity when no such relationship exists.
Once again. Relationship does not exist unless you've created it by accepting that tip. As for suggestion - they are only suggesting that you can create such relationship.

    > In some countries it is illegal to pay out to people without also filing tax documents to track the payment and provide the recipient with records they legally are required to keep.
PEBCATR - Problem exists between country and tax resident.

If those are really problems - you have problem with your gov and your laws, not bitcoin or tip4commit.

Re:Please remove mitsuhiko/* by mbillie1 on Saturday November 01, 2014 @03:19PM (#8544253)
> If those are really problems - you have problem with your gov and your laws, not bitcoin or tip4commit.

This is a staggeringly arrogant position to take. "Go change your laws, not this bitcoin service." Really?

Re:Please remove mitsuhiko/* by ubernostrum on Saturday November 01, 2014 @02:31PM (#8544064)
So, because you are philosophically opposed to certain laws, I should have my inbox filled with a tipping "service" and my name and projects listed as available to donate to, on a donation-collection site I refuse to do business with, and have no ability to opt out of it?

Protip: close the /r/bitcoin tab, close the mises.org tab, and learn to be a decent human being.

Re:Please remove mitsuhiko/* by untog on Saturday November 01, 2014 @04:34PM (#8544514)
"you have problem with your gov and your laws, not bitcoin or tip4commit."

"In some countries it is illegal to send unsolicited emails about services."

No, that sounds like a damn sensible law that I do not want to see changed, thanks.

Re:Please remove mitsuhiko/* by DanBC on Saturday November 01, 2014 @02:34PM (#8544074)
Your quotes are fucked on mobile.
Re:Please remove mitsuhiko/* by bewaretheirs on Saturday November 01, 2014 @12:56PM (#8543723)
In the US, if a payment is "available" to you, it must be reported as income at the time it becomes available. Failure to cash a paycheck doesn't mean you don't owe tax on it.

See IRS publication 525, page 2, "constructively received income": http://www.irs.gov/pub/irs-pdf/p525.pdf

There's some fuzziness and legal room here but the safe thing would be to declare it as income.

Re:Please remove mitsuhiko/* by isgood12 on Saturday November 01, 2014 @01:12PM (#8543771)
That makes absolutely no sense to me. If I get an offer from a bank that $200 is available to me if I open a checking account with them, then do I have to report it as income even if I don't open an account or perform any action to go after it?
Re:Please remove mitsuhiko/* by bewaretheirs on Saturday November 01, 2014 @01:41PM (#8543870)
The tip4commit payment is a tip paid because of work you did; elsewhere in IRS pub 525 and pub 531 it's clear (well, as clear as any IRS document ever is) that tips count as income.

the checking account offer isn't compensation for something you've already done. I think that makes it clearly distinguishable. But I'm not a lawyer; get competent legal advice before deciding you can pretend a tip-for-commit payment didn't happen.

Re:Please remove mitsuhiko/* by zorpner on Saturday November 01, 2014 @01:26PM (#8543825)
The money is not available to you if you receive a contingent offer. Once you accept the offer then the money becomes available to you.
Re:Please remove mitsuhiko/* by scotty79 on Saturday November 01, 2014 @02:46PM (#8544118)
Same for tip4commit. You need to accept the their offer to give you money. Until you do, money is not available to you.
Re:Please remove mitsuhiko/* by SolarNet on Saturday November 01, 2014 @08:31PM (#8545149)
That depends. The difference here is that they are doing the bitcoin equivalent of leaving money on the table after you did unrelated work. Yea you have to reach down to the table and take it. But the IRS is saying until you do something about it, it counts as income because you effectively own it.

But again, lawyers haven't finished discussing all the legal ramifications of crypto-currencies or for that matter the internet in general.

Re:Please remove mitsuhiko/* by zaroth on Saturday November 01, 2014 @02:38PM (#8544087)
Yes, it's true you're supposed to pay taxes for money earned in the year it was earned, not just when you happened to deposit the check. That has little to no bearing for this situation.

First, the money isn't available since it hasn't even been sent to you. Until you sign-up for the service, and provide a bitcoin address for the funds to be sent to your private key, they are not available. But more importantly, since you have no business relationship with the person giving the money, I would think the best characterization for the income is a tax-free gift (up to $14,000 per giver). But IANAL, and this isn't tax advice.

Re:Please remove mitsuhiko/* by eli on Saturday November 01, 2014 @04:59PM (#8544594)
Either the service is just funneling money to software authors, or they are collecting it themselves and holding it unless and until authors want it. So if it's the latter, then they are raising money using someone else's name and reputation. Either way, that's not at all cool.
Re:Please remove mitsuhiko/* by JackFr on Saturday November 01, 2014 @01:33PM (#8543847)
> In the US, if a payment is "available" to you, it must be reported as income at the time it becomes available. Failure to cash a paycheck doesn't mean you don't owe tax on it.

I don't believe that's correct. A check which is never cashed is not income, as the funds are never transferred there is no income, there is no income tax. The point of the IRS regulation is that tax period in which the check is received is the applicable one, rather than the tax period when it is cashed.

Re:Please remove mitsuhiko/* by exDM69 on Saturday November 01, 2014 @11:43AM (#8543421)
> How can there be taxation consequences unless ...

Tax? Perhaps not, but the OP was talking about tax and other legal consequences. These can vary wildly from country to country.

My local legislation requires applying for a permit before asking for donations. If a 3rd party would add my projects to this website, I could face criminal charges and the proof of burden would be on me.

Re:Please remove mitsuhiko/* by spindritf on Saturday November 01, 2014 @12:29PM (#8543607)
What? You live in a country where someone can use your name in a fund-raiser without your approval or authorization and you will face criminal charges with presumption of guilt?

Some project on github is not even remotely your biggest problem here.

Re:Please remove mitsuhiko/* by pdkl95 on Saturday November 01, 2014 @01:54PM (#8543907)
I would qualify as living in such a country: the USA.

Some unfortunate medical issues put me on disability, which means living off of SSDI for a while. For various reasons the social security programs in this country are run with a focus on "stopping fraud" instead of "helping people", regardless of little shrinkage and waste actually exists.

A consequence of this is that you are required to be "in need" which is usually defined as not having more than like $30 in cash to your name. This includes all possible recoverable sources modulo a few enumerated items (such as one cheap car). As part of the application process, I had to liquidate stuff like the $70 i had in a "mandatory contribution" retirement account from a short-lived tech support job I had when I was an undergrad. Of course, as this was WAY before you were supposed to withdraw that money, it came with penalties that made that ~$70 worth only about $10. That was still considered "recoverable".

I have some stuff up on github. At the moment, none of it is very interesting or worthy of any tip. I suspect that for now the IRS/H&HS hasn't even heard of this kind of income. They certainly are not currently looking at potential income sources this new and unusual. That could change in time.

Regardless of the probably-low actual risk, I would be required to liquidate this kind of tip right now if any existed. Failure to do so could cause cancel my SSDI. That loss could even be retroactive back to the date the tip was sent.

I have no idea how this would play out in practice. It might not be as problematic as I described. What I do know is that social security moves by the whim of politicians and bureaucrats, making the entire topic very hard to predict. So yes, someone using my name in a fund-raiser can not only cause "tax issues", it also caries a (probably-)small but very real risk of removing my only source of income (aka "rent", "food").

No, these rules are not sane (or useful). Yes, this is a big problem, that is much larger than github. Unfortunately, the potential risk to anybody in a situation like mine is still very real.

Re:Please remove mitsuhiko/* by exDM69 on Saturday November 01, 2014 @12:36PM (#8543640)
> What? You live in a country where someone can use your name in a fund-raiser without your approval or authorization and you will face criminal charges with presumption of guilt?

It's extremely unlikely that I could get convicted because of it, very unlikely that they'd even start the case either. But it would at least mean significant paperwork and other nuisance.

It's not like I'd get sent to Siberia but yeah, my country is full of stupid laws. And so are many other countries.

Actually I do think the intent of this law is good and it's to protect individuals from scams. But the practice should be updated to better work with crowdfunding and other Internet fundraisers.

Here's a similar example from earlier this year, the local police demanded that local Wikimedia foundation chapter explain their fundraising campaign.

http://yle.fi/uutiset/finnish_police_examine_wikipedias_fund...

The local Wikimedia chapter had no part to play in it, were not charged in the end, but had to spend time and effort explaining that it's the California-based US entity asking for the donations.

Re:Please remove mitsuhiko/* by enraged_camel on Saturday November 01, 2014 @12:46PM (#8543686)
>>What? You live in a country where someone can use your name in a fund-raiser without your approval or authorization and you will face criminal charges with presumption of guilt?

The point is that, because there isn't a way to opt-out of the project, it is the responsibility of the tip4commit developers to do their due diligence and make sure they aren't putting anyone in hot waters with their project.

Not only have they not done that, they're also being indignant assholes about it.

If they changed it to opt-in, I would think the whole problem would go away.

edit: clarification

Re:Please remove mitsuhiko/* by hippich on Saturday November 01, 2014 @11:59AM (#8543480)
you say 'before _collecting_ donations'. just don't _collect_ if you don't want to.
Re:Please remove mitsuhiko/* by exDM69 on Saturday November 01, 2014 @12:17PM (#8543552)
I should have said: you need permit before asking for donations (corrected in GP). As I said, if my projects were listed on this site, I could face criminal charges, regardless whether any money ever changes hands.
Re:Please remove mitsuhiko/* by keithpeter on Saturday November 01, 2014 @12:13PM (#8543542)
soliciting contributions in UK. Moot point as to how someone else soliciting a contribution on your behalf without your permission is seen.

I think that people who set Web services up really need to think about what territory the service is designed to operate in and which legal system(s) they have the time and resources to examine.

Re:Please remove mitsuhiko/* by arsenische on Saturday November 01, 2014 @01:32PM (#8543841)
we are not collecting or soliciting a contribution on someone's behalf.
Re:Please remove mitsuhiko/* by lotsofmangos on Saturday November 01, 2014 @03:53PM (#8544363)
"Donate bitcoins to open source projects or make commits and get tips for it."

"How does it work?

People donate bitcoins to projects. When someone's commit is accepted into the project repository, we automatically tip the author."

from here - https://tip4commit.com/

---

Yes you are.

Re:Please remove mitsuhiko/* by hack_edu on Saturday November 01, 2014 @01:37PM (#8543857)
Could you add a few more words to explain your interpretations of those terms in practice here?

The rest of the folks in the thread and on the Github issue are exploring what those terms mean. I'm not seeing you provide much insight or rationale into your interpretations beyond a simple "No, we are not."

Re:Please remove mitsuhiko/* by waterlesscloud on Saturday November 01, 2014 @03:41PM (#8544313)
I might buy that you're not soliciting contributions on someone's behalf, at least in a razor-thin distinction kind of way.

But as much as I try to contort it, I can't see how you aren't accepting a contribution on someone's behalf.

Re:Please remove mitsuhiko/* by keithpeter on Saturday November 01, 2014 @03:34PM (#8544293)
How are we failing to make clear the reasons behind the reaction to your work?

How are we failing to make clear the various suggestions for making your work actually useful instead of potentially harmful to the projects you claim to be trying to help?

Re:Please remove mitsuhiko/* by exDM69 on Saturday November 01, 2014 @03:39PM (#8544304)
In the face of my local legislation, you are. That would mean trouble for me.
Re:Please remove mitsuhiko/* by hack_edu on Saturday November 01, 2014 @11:05AM (#8543276)
People have legitimate reasons to avoid messing with BTC or others. Some people don't even want to hassle with currencies beyond their own.

Even if they oblige in accepting BTC and just convert it to their preferred currency, they'd be forced to go through the process of signing up and verifying with some sort of exchange. What if they don't want to do business with those institutions, or share their financial details to yet another third-party? Cryptocurrencies will succeed, thankfully, but some people don't want to put their toes in those legal waters yet. They will also have to spend more time administering to local laws and taxes regarding donations, which eats away the time they have for other much more fun things.

Re:Please remove mitsuhiko/* by eordano on Saturday November 01, 2014 @11:33AM (#8543376)
I feel like we shouldn't miss the point here: you can't impersonate me and take donations in my name without my consent, no matter the currency (or regulations or whatever) being used. Make it opt-in, not "opted in by default and no way to opt out".
Re:Please remove mitsuhiko/* by arsenische on Saturday November 01, 2014 @11:53AM (#8543462)
We don't impersonate anybody. We just provide additional way to reward project's contributors and perhaps attract more of them. We'll make it more explicit with https://github.com/tip4commit/tip4commit/issues/136
Re:Please remove mitsuhiko/* by hack_edu on Saturday November 01, 2014 @12:04PM (#8543501)
Firstly, you need to make abundantly obvious and clear promises as to what happens to money left it accounts. There is no reason to trust your escrow, let alone your ability to manage or secure it. I honestly still can't find it spelled out clearly, and even then it'd be hard to trust.

I suggest you pull your site before this PR gets even further out of hand, then reboot. If you continue to pursue your project, partner with a couple projects that opt-in (free publicity for you both) and work to their needs. Once you have things in order, then you can think about something more automated.

Re:Please remove mitsuhiko/* by Blahah on Saturday November 01, 2014 @11:17AM (#8543329)
Nobody is being forced to accept the money, and therefore nobody is being forced to interact with bitcoin. The money is there if they want to claim it. If not, no problem, they can just ignore it in which case it doesn't affect them.
Re:Please remove mitsuhiko/* by hack_edu on Saturday November 01, 2014 @11:32AM (#8543372)
Would the project be sustainable, or more fair, if it allowed project maintainers to whitelist currencies, and manage that integration for them? That seems more appropriate and follows the the spirit of giving that the project encourages.
Re:Please remove mitsuhiko/* by exo762 on Saturday November 01, 2014 @02:14PM (#8543995)
Tip4commit using USD? Bitcoin is hasslefree. If you want tip4commit to use USD or gold or any other silly thing - go for it. Clone tip4commit, put all integration in place, see payment systems eating 30-40% of your donations.
Re:Please remove mitsuhiko/* by hack_edu on Saturday November 01, 2014 @02:46PM (#8544119)
OK, so yes. We agree that it is unsustainable if the effort is put forth to make your product actually convenient for the volunteers whose shoulders you sit on.

Meanwhile you insult us by simply saying "fork it." That doesn't get money donated on my behalf out of your Bitcoin wallet. I suggest y'all stop bickering and actually start helping. The burden to clean up your oversights is on no one but yourself.

We know you built the project in good faith, but it needs serious tweaks. At this point you're being a nuisance, at best, to the very creators of projects your site is deployed upon! If they were in your situation they would have fixed this, shipped it, and have written a detailed postmortem by now.

Re:Please remove mitsuhiko/* by Erwin on Saturday November 01, 2014 @11:36AM (#8543388)
Consider this: you are in a high-tax country and have some incoming lucrative income. Instead of receiving that income and paying the tax, the company sends you an email saying: Here's a $100,000, come get if you want, but you don't have to! It's a tip! It'll get donated to MSF in a few years. Wink, wink. You put in your income for the year as $0 (not having accepted this tip), and leave for the Seyschelles, where suddenly you come upon this email (you didn't check your Spam folder until then) and claim your now tax-free $100,000.
Re:Please remove mitsuhiko/* by randallsquared on Saturday November 01, 2014 @11:48AM (#8543443)
Sure, http://en.wikipedia.org/wiki/Tax_avoidance . Various strategies to reduce income in one year or jurisdiction and apply it to another are widespread, and I'm not sure why this would be different. I am not a lawyer, though.

The "It's a tip!" nature of this seems irrelevant to taxes: either you accept it or you don't, and if you do, you may or may not be required to pay taxes on it, depending on laws that are applied to you.

Re:Please remove mitsuhiko/* by bewaretheirs on Saturday November 01, 2014 @01:06PM (#8543748)
in the US the key event is when the income becomes available to you, not when you collect it.

The proper thing to do in your hypothetical case (where you didn't see the message until well into the next tax year) would be to file an amended return for the previous year declaring the recently discovered income.

Re:Please remove mitsuhiko/* by amalcon on Saturday November 01, 2014 @12:54PM (#8543714)
So if I don't want to accept the taxation consequences, the shady project gets to use my name to raise money? There is no response I can have that doesn't have some cost to me.