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dataflowyesterday at 10:50 AM6 repliesview on HN

> Play billing "must not be used in cases where payments include … tax exempt donations"

> Note: 501(c)(6) is a tax-exempt status; donations are not tax-deductible for the donor. Google's communications explicitly state "tax-exempt".

Isn't it pretty obvious that the problem is the donations aren't tax-exempt, despite the organization being tax-exempt? Your note suggests you already understand this.

Logically, the payment processor (who deals with sales taxes rather than income taxes) should worry about the taxability of the transaction rather than the tax status of the recipient, right?

> Specifically, your app allows users to contribute donations to an organization that is not tax-exempt.

So whoever is writing their email is mixing these two up, but you're reading the policy itself and it is fairly clear-cut what it means for you, right?


Replies

david_allisonyesterday at 12:05 PM

We've been seeking official clarification from Google on this for over a month. That's what we're seeking here.

It's not clear given Google's policy wording and replies. We've removed the links, and can move forward once clarification has been provided.

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NoboruWatayayesterday at 1:20 PM

The policy is far from clear cut, and even having read your comments I am still not sure what you think it's trying to say. The policy suggests that an app may lead users to another payment method where the payment is a "tax exempt donation". What tax, specifically, are you suggesting a donation to OSC is not exempt from? You mention sales tax, is it the case that donations are not exempt from (ie, are subject to) sales tax?

Or are you saying the key point is that the donation not tax-deductible for the donor, which is a different thing to being tax exempt (and does not have anything to do with the "taxability of the transaction")?

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Defenestresqueyesterday at 8:02 PM

So we don't devolve into semantics, I am just going to use the term "special tax status" to denote anything thab the regular payment flow. I'm doing that on purpose, because part of the argument is that tax exempt and tax deductible are different things. Your argument, as far as I understand, does not actually rely on this distinction. It just comments on it.

I read your comments and what I ended up inferring was that it relies on a few premises:

1. Google states in their policy that their billing platform cannot be used for [special tax status]. 2. Google would be presented with an undue burden if they had to alter their processes to process donations with [special tax status], which may potentially involv extensive manual review manually. 3. Therefore, despite the wording, the rules and undue burden are clear that you cannot use Google Play billing for [special tax status].

I've read the rest of your comments downthread and I think that I'm representing your position accurately. Again, if I'm not, I legitimately want corrections.

The issue with going from the premise to the conclusion is that if you look at their actual payment flow to the Open Collective it seems to be just a webview to their donation page. I mean, it doesn't look like Google's payment flow at all and I'm pretty sure Google doesn't accept ACH payments directly.

If Google wants to avoid extra work, they literally just can do nothing about it and the donations on that page will go to a tax exempt organization.

I'm going to take a look at the rules right now and either update this comment or reply to it. (Sorry, I figured I would post it because I'm not sure when I would be able to post another.)

P.S. I probably should have out of this to the top, but I do want to mention that several people pointed this out in the comments but I wanted to be a bit more specific about the payment flow, and what we're actually debating.

neilcjyesterday at 12:38 PM

> the payment processor (who deals with sales taxes rather than income taxes) should worry about the taxability of the transaction rather than the tax status of the recipient

A donation is not a sale of a good or service. This is not a question of sales tax collection.

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opelloyesterday at 1:32 PM

> So whoever is writing their email is mixing these two up, but you're reading the policy itself and it is fairly clear-cut what it means for you, right?

This (rhetorical?) question seems to suggest that you have a level of understanding or have done the analysis required to come to such a meaning. It seems to me that it would be most beneficial if you simply shared that analysis.

To me, seeing this here for the first time, it is not at all obvious what the terms mean for someone seeking a donation, because of the past behavioral detail of WireGuard going through something similar. The terms you quote seem to me to state that since there is a tax exempt donation involved, the prohibition on routing to a non-Google Play billing workflow should not be in effect.

Conan_Kudoyesterday at 11:41 AM

Yes, but unsurprisingly most people don't understand that distinction well enough.