Germany is making it work† but seems quite far off to say the least in the US. "Voluntary tax" like this is provocative in its own right, will be interesting to see what gets unlocked more broadly if this succeeds.
It's not a competition, but it is faux pax for GGP to make the comment the way they did. I would hope you all would know that having been here more than a decade
Here are a couple salient portions of our IRS application to put your mind at ease. :^)
> In limited circumstances, the Foundation may make grants to organizations that are not described in IRC Section 501(c)(3), or to individual OSS developers, maintainers, researchers, and educators. These grants will support persons and organizations engaged in developing, maintaining, securing, documenting, or conducting research on free and open source software critical to public digital infrastructure.
> Any such grants will be made exclusively for charitable or educational purposes, with the Foundation retaining complete discretion and control over the use of funds consistent with Revenue Ruling 68-489.
[...]
> In addition to project-based grants, the Foundation will make recognition awards to individuals who have made extraordinary contributions to OSS serving as critical public digital infrastructure. These awards are analogous in structure and purpose to MacArthur Fellowships, the National Medal of Science, Pulitzer Prizes, and similar recognition programs administered by 501(c)(3) organizations.
Boldly asserting that all grants will be made exclusively for charitable or educational purposes does nothing to change the character of the grant. If you're giving money to someone for commercial product development then you're giving money to someone for commercial product development ... and if that constitutes the majority of what you do then you've got a major problem.
OSE won't give money for commercial product development - it is dedicated to supporting existing highly-used _nonprofit_ and independent OSS. Some specific examples are at https://endowment.dev/faq/#grants
As soon as you start paying individual maintainers, it stops being nonprofit OSS they work on. If you direct your funds to other charities, you're only shifting the tax issue to them. If you want to give money to maintainers with no strings attached, it's basically impossible to avoid double taxation.
We explicitly explained to the IRS that our endowment plans to make awards and grants to individual OSS developers and maintainers in the US and other eligible countries. Given our limited target scope — not just any software, but critical nonprofit independent OSS — it was acceptable, and the IRS approved our 501(c)(3) status. And we plan to operate within what is described in our application.
There are strict regulatory rules for 501c3 nonprofits (for instance - no private benefits for nonprofit insiders) and guidelines on how to implement them, for instance, via CoI policy, which we have: https://www.irs.gov/charities-non-profits/form-1023-purpose-...
Board members of a nonprofit are subject to external supervision, including auditing, regulators and—in extreme cases—lawsuits. The Supreme Court is unique because it is the court of last resort for the entire United States—even a state supreme court justice would be able to have their recusal decisions reviewed by a higher court, much less a random board member of a nonprofit.
Let's back up: The way an endowment works is that donors donate money, which goes into a more-or-less permanent investment fund. The interest from the investment fund is then used to a) fund mission-aligned programs (in our case, OSS), b) stay ahead of inflation, and c) pay operating costs.
Where are you seeing capitalists "extract a slice of the pie" here?
"pay operating costs" is one place non-profits often find fraud. Getting the money into the market between donors and builders, now you have to pay professional investors. You don't get to 7-8% returns without equities, what happens if the market tanks?
Why not build something super minimal that requires less management and operating costs? That doesn't have the market risk at the center of it all? That doesn't have more points for fraud and abuse?
Can you explain the 2-3% gap between expected returns and outlays? Seems like a lot more than what is needed for accounting (based on the other main person here posting)
The explanation is simple — nobody can predict exact annual returns, and they tend to fluctuate. We aim to spend at least 5% per year on OSS grants and need to decide if we can spend more on them or should reinvest based on specific annual results. And target earnings should overcome inflation.
> Why not build something super minimal that requires less management and operating costs? That doesn't have the market risk at the center of it all? That doesn't have more points for fraud and abuse?
The best long-term protection from fraud and abuse are aligned incentives through skin in the game. That’s why we legally require all people in governance to be Members ($1000+/year donation). This is an important topic, and here you can find more context on this: https://kvinogradov.com/osendowment/
I think this is really missing the point of the question. I know that it is common for endowments to be invested "in the market" - people believe that's the most responsible thing to do. But the question was about why do things the normal way? Why link up market performance of a set of investments with funding mechanisms for OSS? If you're going to be bold and try to fund something that is, in market and economic terms, quite off-norm, why do that using entirely normal systems that are at the core of a capitalist economy?
There are areas where we experiment and take risks: raising the first-ever endowment for open source, making it very lean and digital-first, relying on bottom-up funding and governance instead of large corporate donors, etc.
But all other areas should be as low-risk as possible — like accounting, legal, and investment management of a community endowment fund. We are exploring a few ideas on how to grow the fund faster than the market without increasing its risk profile, but they are complementary to a very conservative core strategy.
Besides OSE, I am a full-time VC — that's the area where investors are bold and invest in off-norm opportunities, but it lies on the totally opposite side of the investment risk spectrum. And directly mixing them does not seem like a good idea.
“super minimal that requires less management and operating costs” - that’s exactly our current setup, and always will be the target!
Now OSE has no paid employees - the team is 100% volunteers. Its Board Directors and the Executive Director are required to personally donate $1000+/year. Operating costs are close to zero.
As organization evolves there might be higher operating costs, but our commitment to keep them as low as possible.
