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I've been working on open-source projects for years basically without pay. Although I had a salary while I helped develop these projects under the umbrella need for something at work, much of the continued development and maintenance on them was not immediately necessary for work. A few of these have been successful and well-used.

I would work on these projects for free, but I cannot justify spending the time working on them from home unless there is enough income to warrant that work, and unless I could do that part-time work on my own schedule, at least to a great extent.

I've been wanting to start off on my own doing development, and would like to start/own my own company, even if I would be the only employee. I'm sure that I could market myself and my services well enough to make it worthwhile, eventually. I'd like to have others fund my work on the existing open-source projects I help with, as they need a lot of work and would otherwise probably fail without that extra time that I would need to justify by getting paid for that work.

From what others have said, including an accountant, I should not start up a company until I have enough income to justify it.

Very recently it was strongly alluded to that a company would pay me for my work on one of these projects.

I would like to agree to it, but I'm based in the U.S. and this mid-sized company is based in Switzerland. I have no idea how I would need to handle the legal, etc. side of things. I would basically just be expecting a check for my work, but at the end of the year, I suppose that if I were contracting for them, that they would need to supply the tax forms/statements for U.S.

I have seen many open-source and other projects just put up a sponsorship link using paypal.

I want to maximize my earning potential, maximize the future profitability of part-time work at home. I want to maximize the possibility of this work paving the way to incorporation. And, I would like to minimize complexity and paperwork related to getting paid for the work.

Should I go the route of taking money from this company as a sponsor, in which case I could either suggest to them a lump sum based on my desired rate multiplied by my estimated hours or preferably give them a suggested amount based on the number of hours after the work is done? Or, should I contract, and have them send me a check and deal with the tax forms?

Would sponsorship require them to pay U.S. taxes and fill out the form at the end of the year to send to me? They may not want to go through that trouble.

Or should I instead just have defined sponsorship amount like Apache? I don't have a non-profit org or company setup nor have I done anything to setup for this work yet from a business/non-profit side yet, and I would rather be for profit than non-profit, I think.

Basically, is getting money via sponsorship of the project or contracting my work done on the project the better way to go to maximize simplicity and paycheck, with the future goal being to turn this part-time work into a startup?

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Generally speaking, you will be responsible for paying the taxes on money you earned - not the "sponsor". Whether you get paid via paypal or from a check from the "sponsor", you have to declare it and pay all relevant taxes on it.

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But if they pay me as a contractor, they can't just give me a check if I am a U.S. resident/citizen. They need to fill out the tax form at the end of the year and send to the U.S. government. I don't think they have to do that if they are sponsoring me, in which case it would be a gift. However, I am not familiar with laws around sponsorship or these sorts of "gifts", and I don't want to get in trouble with the law. – osc May 10 '11 at 16:05
You are deceiving yourself. For the IRS - A gift is defined as giving money with nothing exchanged/received in return. You might want to pretend (for convenience) that you don't have to pay taxes on money that someone gives you, but the bottom line is that you did work and received compensation. Period. You need to see an accountant or an attorney or just call the IRS. Or roll the dice and risk getting fined/jailed. You seem to want to become a real company/venture. If that is the case you need to start behaving and acting like one - not trying to shirk the responsibilities. – TimJ May 10 '11 at 16:30
The company asked for work that I would have done otherwise and would be paying for me to work at home doing the same thing I would have for free. They would however be supplying funds for the purpose of speeding up work on the existing top priority task for the project. So, open-source project sponsorship is illegal if it is done with the (even indirect) intent or furthering the goals of the project if those goals are goals of the sponsor? And do you think that contracting as individual is necessary? Appreciate the advice of talking to accountant or IRS. – osc May 10 '11 at 16:40
If you don't want to take advice,don't ask questions. Just set up your "tip jar" and don't report it. You are all set. – TimJ May 10 '11 at 17:09
:( ? I was not being sarcastic. I truly value your input, as well as everyone else's. I didn't mean to put you on the defensive. I'm just curious whether sponsorship is an option, and you are saying that it isn't an advantage without providing many specifics. I had already talked to an accountant about working as an corp-to-individual contract as a path to starting my own company (prior to incorporation via C corp or LLC), but was curious about the whole "open-source project sponsorship" thing I see so much as an alternative and perhaps less paperwork-laden alternative. Thanks for your help. – osc May 10 '11 at 21:11

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