If there is campaign organized on Kickstarter or similar site, who is legal entity responsible for the campaign? This services usually collect the money and do not pass it until some conditions are met. We could argue that recipient is just subcontractor hired by Kickstarter.
Spaniard here. In Spain you have to look at the law in two ways (due to their stupid nature and that they are created following the interests of powerful people):
First you look at the law and see the legal holes in it (usually huge holes). Then you see how to directly avoid the law due to the poor enforcement when there is a direct violation.
For your question you need to apply both, most hacienda inspectors (spanish IRS) will be clueless of that kind of tactics for years. They usually only "learn" after a hole has been open for years or has been used by too much people.
I guess that in most countries people try to do this in a way or another. But in Spain some laws are so stupid that you have no option but to avoid them..
If there is one thing that a crowdfunding platform will hire lawyers for, it is to make absolutely certain that there is no possibility of them having any sort of legal responsibility after they hand over the money to a project creator.
Depends on the T&C of the platform. I worked at a platform, and our legals were very clear (and very cleverly constructed) to create a legal dependency from donor to project owner. We were just the marketplace, all liability for carrying out the project was on the project owner, and could (only) be enforced by the donor.
Legal responsibility for finishing the project and tax accountability could be separated. Anyway this is going to be just another accountancy nightmare.
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I have legal question:
If there is campaign organized on Kickstarter or similar site, who is legal entity responsible for the campaign? This services usually collect the money and do not pass it until some conditions are met. We could argue that recipient is just subcontractor hired by Kickstarter.
Spaniard here. In Spain you have to look at the law in two ways (due to their stupid nature and that they are created following the interests of powerful people): First you look at the law and see the legal holes in it (usually huge holes). Then you see how to directly avoid the law due to the poor enforcement when there is a direct violation. For your question you need to apply both, most hacienda inspectors (spanish IRS) will be clueless of that kind of tactics for years. They usually only "learn" after a hole has been open for years or has been used by too much people. I guess that in most countries people try to do this in a way or another. But in Spain some laws are so stupid that you have no option but to avoid them..
If there is one thing that a crowdfunding platform will hire lawyers for, it is to make absolutely certain that there is no possibility of them having any sort of legal responsibility after they hand over the money to a project creator.
Depends on the T&C of the platform. I worked at a platform, and our legals were very clear (and very cleverly constructed) to create a legal dependency from donor to project owner. We were just the marketplace, all liability for carrying out the project was on the project owner, and could (only) be enforced by the donor.
Legal responsibility for finishing the project and tax accountability could be separated. Anyway this is going to be just another accountancy nightmare.