[haiku] Re: Haiku Inc: Proposed Annual Budget

  • From: Niels Reedijk <niels.reedijk@xxxxxxxxx>
  • To: haiku@xxxxxxxxxxxxx
  • Date: Tue, 24 Nov 2009 19:12:10 +0100

Hi,

2009/11/24 Jorge G. Mare <koki@xxxxxxxxxxxxx>:
> Hallo Axel,
>
> Axel Dörfler wrote:
>>>
>>> 2. How is contract law organized in the US? Can you import services
>>> from the EU without paying extra taxes? Also, what are the
>>> requirements for documenting the contract. What do you need to get to
>>> prove that you are not just paying people and evading income taxes?
>>>
>>> These questions require a lot of time, but I guess preferably it needs
>>> some advise from an accountant, meaning that you require an initial
>>> investment.
>>>
>
> No they don't. Please see below.
>
>>
>> Well, we already did that; I have worked for Haiku for 3 months back in
>> 2005 for a very limited rate. That kind of employment isn't exactly what I'm
>> arguing for, but the legal situation is the same.
>>
>
> If the developer wants peace of mind that he will be paid in the amount and
> timeframe(s) agreed upon, then Haiku Inc. could issue a PO (purchase order)
> detailing the terms and conditions. To get paid, the developer can then send
> in his invoice(s) at the agreed timing and the Haiku Inc. pays at the
> timeframe and by the means agreed upon.

Okay, what is the administrative burden that you as the purchasing
party need to have. I know or example if I would employ a Dutch
free-lancer as a Dutch company, that I need a VAR-document (a
declaration that that person is registered as a freelancer). If I
employ someone from outside the Netherlands I would need their VAT
number (and the burden is on me to verify whether that number is
correct).

It is not that trivial. See below.

>>> Now if you take these considerations and combine them with my ethical
>>> objections, I would much rather have Haiku Inc. support development
>>> through funding code sprints. By funding code sprints I mean
>>> reimbursing everything: travel costs, overnight fees, food, a bit of
>>> frivolity, such things.
>>>
>>> This way you can for the price of funding one developer, support a
>>> number of them and create a productive atmosphere. And while the
>>> developers don't get anything, at least it does not cost them anything
>>> either. And as an added bonus you evade questions on contract law,
>>> importing services and income taxes.
>>>
>>
>> The question was never to cut down the existing reimburses for such work,
>> but extend what Haiku Inc. does to speed up development beyond that.
>>
>
> Exactly. This would be in addition to and not instead of what is already
> supported. As Ingo nicely put it, this would be a way to buy additional
> developer time that would not otherwise be available to the project.
>
> This is pretty straightforward stuff, so let's not make it unnecessarily
> convoluted. :)

I worked very closely with a small business that did some business in
Germany and Belgium, and the rules with regard to for example VAT are
many times more complex than one could sum up in a single email.
Actually, it required a 50 page book.

I am pretty sure that the US has requirements for administrative
documentation for employing US and non-US residents/companies as
freelancers. I know that also for freelancers it is very complex to
set themselves up as freelancer here in The Netherlands (and probably
other countries as well). Now you might say that's the burden for the
receiver, then I understand. But it remains that this legally is not
something trivial for freelancers/contactors.

I concur when you argue that the numbers are so low that they will fly
under the radar, but it is for the Haiku Inc. board to decide whether
they are willing to take that risk (however low it is). I would make
an informed decision, if I was them.

N>

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