JFTR: "accepting tips" for software is something that is not at all straightforward. The way bountysource and others get around that is through invoices once a large enough amount has accumulated. I have no idea how that works in other countries. Gratipay/bountysource solve this problem, no bitcoin service I have seen does.
> Rather, the author has decided that because a lot of Bitcoin users don't seem to like government, and he likes government, he should not like Bitcoin.
I think you misunderstand something there: I am pointing out why Bitcoin is something that does not solve problems for me and I doubt I am the only one. The premise of tip4commit is that it helps Open Source projects. It's not just not helping me, it's making my life more complicated. In fact, right now, pretty much anything that has bitcoin involved makes it harder for me.
Let me put this another way. If your friends give you money for your birthday, do you give it back to them and tell them you can't accept their gift because of tax and regulation? I doubt it! You may well declare the gifts on your tax return if it's big enough to bother with, but if Austria makes it hard to accept cash gifts of small amounts then something is seriously wrong with Austrian law and this is not something to be defended.
2) Those tips are strictly different from personal gifts - they're payment (voluntary, but still) for stuff you did, so tax wise, they would be considered equivalent to commercial export of software. Taxes on international commerce are tricky (e.g., determining if value added tax applies in this case, etc), most jurisdictions have some simplified paperwork, guides and assistance for small business with the expectation that they're domestic, not international.
3) If you're asking "which specific law prohibits" - it's entirely opposite, it's not like there are specific laws for each taxable thing - the general law mandates that any and all income is declarable and taxable, and then there are specific laws to make exceptions for things such as birthday gifts from relatives or tips for waiters.
I once had a gentleman attempt to put a rather small sum of money in my hand. Call it $50. He meant it as a nice gesture, because he had been consuming my professional output for years, and it had helped his business. He could not have known, but causing me to have US-source income would have potentially exposed me to several thousand dollars in additional tax liability during that year. (Long story.) There exist ways around it, but at the very least I would have had to loop my accountant in on the incident, so we could discuss whether I have to worry about the $50 "donation."
My accountant's rate is $10. Per minute.
All of this was going through my head when I attempted to gracefully decline.
[+] Totally separate from tax/compliance, I have social reasons why I prefer to not get tipped for things. Social expectations are a weird thing, but regardless of their intrinsic weirdness they appear to be real, and as a result I try to hew to them unless I have a really strong reason to not to. One feature of social classes in the US is that the one I aspire to be in does not accept tips. Tips are something which flow from the relatively well-off to the relatively poorly-off, and even in those relationships where I'm relatively poorly-off, lumping myself in with waiters and massage therapists doesn't sound advantageous when I hope to have a professional image closer to that of a doctor, lawyer, or investment advisor.
For related reasons, I remain very concerned that many OSS developers appear to think that they should have to throw hundreds of hours of professional labor into projects used by for-profit companies so that they can be allowed to participate in Internet busking on a scale which would be sneered at by actual buskers.
If tips come in individually and in small numbers and you need to track the rate of exchange, origin and everything the money I lose money actively by needing to track it. There is no point in accepting small amounts.
The reason actual tips work in Austria is because they are tax except within a regulatory framework. That however does not apply to software developers.
> Let me put this another way. If your friends give you money for your birthday, do you give it back to them and tell them you can't accept their gift because of tax and regulation?
Actual gifts are a different tax code (they are tax free). I can however not just pretend that any of my income is the same. This is not a "but if i read the law like this" thing.
> but if Austria makes it hard to accept cash gifts of small amounts then something is seriously wrong with Austrian law and this is not something to be defended.
From what I have heard it's not in any way easier in other countries and it does not have to be because that was never the problem. The whole point of bountysource and other systems is to accumulate money and to simplify the whole process. It makes everything easier, even if taxes would not be concerned. It's what makes the whole tipping thing save and easy through a middleman.
In other words, at a rate like that, it requires nearly two thousand tips just to add up to a single US dollar worth of tips.
And it gets worse. Remember that tip4commit "refunds" the tip back into the project pool if it's not claimed within 30 days. So just to get money out of this, you have to be making enough in tips, every 30 days, to overcome the cost in both time and potentially transaction fees of claiming the tips.
And then you have to do a bit more figuring to see if the money you'll get once cashed out is enough to justify the bookkeeping cost it imposes on you; after all, now that's income that you need to keep records of and figure into your taxes, which is not a zero-cost thing.
So first of all, you need to figure out the expected amount of tips, both over rolling 30-day periods and over the course of a year, which again is not a zero-cost thing, since if nothing else it involves spending time, and calculate whether they are enough to overcome the friction of getting the money out of tip4commit and then the cost of keeping records of and reporting it.
It is highly unlikely at this time that any person will be earning enough in tips from tip4commit to reach the point at which it becomes profitable even to the tune of a few units of local currency. A final data point for this: tip4commit states that it tips out at 1% of the balance of the project on each commit. Its attempt to tip me 0.00000171 BTC was for a commit on Django, which means the balance of donations for Django at that time was 0.000171 BTC, which simply cannot be enough to make it worth while for any person who contributes code to Django. And I don't rate it likely that there are a bunch of other projects with balances significantly larger, which means it is probable that there is currently no individual developer in the world for whom accepting tips from tip4commit is a profitable activity.
And that's without getting into the problems associated with the site displaying your name in tipping lists even if you never accept them, or the problems associated with displaying projects -- quite a few large open-source projects have associated non-profit foundations, and are bound by law regarding donations made for specific directed purposes. Although you can argue it's unlikely any person or organization would ever actually be punished based on tip4commit listing them, it certainly is possible that they could be called upon to prove that they are unaffiliated with tip4commit and refuse to accept the tips. Which, once again, is not zero-cost; now it potentially costs individuals and projects time and/or money for something they had no control over because tip4commit "opted" them in forcibly and continues to drag its feet on opt-out.
All in all, this is a mess. It probably should just shut down, but if it stays operating it's going to keep getting heat, and will keep deserving it, until it switches to being based only on explicit opt-in.
Also, if you claim your tips by specifying your bitcoin address, tips will never be refunded again.
I can't speak for the OP and the GP, but I can shed some light on this for which problems I could run into in germany:
* I own a company (GmbH, limited liability). Bookkeeping rules are fairly strict, I can't accept random money from random people without having an entry in a ledger. It's possible, but if it's single digits then it's probably more work than it's worth. I'd also have to figure out how to legally accept money from the US or whatever country this money comes from.
* I could accept the money as private person. Then I'd still have to keep books and add that to my private income. That probably would also be more work than the attached payoff.
* Not keeping books or declaring the donations may draw the scrutiny of the tax authorities. If you're accepting a lot of small cash gifts you might also run afoul of money laundering regulations.
> Let me put this another way. If your friends give you money for your birthday, do you give it back to them and tell them you can't accept their gift because of tax and regulation?
Gifts from friends and family are specifically exempt from income tax regulations, so you're attacking a strawman here.
If someone says "I want to stay out of this", that should be their right.
You are saying "take it and don't worry about it", but it's also not enough to take on any risk of hassle, let alone fines or whatever.