discuss: VolunteerMatch, getting a US EIN number, LDP money


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Subject: Re: [discuss] VolunteerMatch, getting a US EIN number, LDP money
From: Rick Moen ####@####.####
Date: 22 Mar 2007 01:56:53 -0000
Message-Id: <20070322015649.GG911@linuxmafia.com>

Quoting David Lawyer ####@####.####

> There are a lot of other entities listed on SS-4 besides the 3 above.

I was of course simplifying in order to get the basic idea across
without getting bogged down in details of marginal relevance.  The idea,
to repeat in case it was unclear, is:  No, you really, honestly do _not_
need to consult an accountant before filling out an SS-4.  It's just a
form to acquire a reporting number.

> > It's not like you're applying for something valuable and rare.
> 
> However, by signing my name (under penalty of perjury)....

It's common for US Federal and state forms to claim a statement is
being made "under penalty of perjury".  However, the perjury statute
(18 U.S.C. 1621, 28 U.S.C. 1746) actually requires only that sworn
written statements, or sworn statements in court must not be _willfully_ 
and _materially_ inaccurate, and the inaccuracy must be central to the 
matter being reported on (or testified to).

Basically, perjury is applicable to provable deliberate lying to Federal
invesitgators or regulators within centrally important statements.

> [...]that we are in fact a "nonprofit organization", an outfit like
> "Volunteer Search" will believe that we are a "nonprofit organization"
> and let us recruit volunteers thru them.

Good point.

> LDP is simply a (virtual) unincorporated non-profit organization.
> "Virtual" means that we exist in cyberspace but IRS has no such
> "virtual" category so we have to list a snail-mail address, probably
> my home address.

Yes, you would.

Absent actual Federal filings such as employment tax returns, LDP would
not ordinarily expect to hear from the Feds for no better reason than
just getting an EIN, though.  FYI.

On related matters (incorporation, tax-exempt status, insurance,
volunteer liability), by coincidence, I happen to have recently expanded
the discussion in the Linux User Group HOWTO, which coverage may be of
interest:  http://en.tldp.org/HOWTO/User-Group-HOWTO-7.html#ss7.1

-- 
Cheers, "Your program just attempted an illegal instruction.  No worries, mate."
Rick Moen                         -- Australian error messages, #14 in a series
####@####.####

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