In the Reddit megathread on the recent drama, someone posted a summary of the IRS responses to inurement by the Board of Directors of a non-profit. It isn't pretty! [1]
If there is insider inurement, the IRS fine is directed to the Board of Directors (each one of them, however many) for 25% of the value of the benefit. If they do not pay in a timely manner, the bill is 200% of the inurement. Matt is the ultimate insider, "giving" the valuable trademarks to the foundation and then getting to use them for free, while leaning on other companies to pay millions. So the insider inurement is in the millions of dollars, per year, for years. Those two unknown board members of the WordPress Foundation? I hope they have great tax lawyers!
If there is insider inurement, the IRS fine is directed to the Board of Directors (each one of them, however many) for 25% of the value of the benefit. If they do not pay in a timely manner, the bill is 200% of the inurement. Matt is the ultimate insider, "giving" the valuable trademarks to the foundation and then getting to use them for free, while leaning on other companies to pay millions. So the insider inurement is in the millions of dollars, per year, for years. Those two unknown board members of the WordPress Foundation? I hope they have great tax lawyers!
[1] https://www.mercadien.com/resource/steep-penalties-for-exces...