Publication duty ANBI

This fact sheet is also available in pdf-format.

 

 

 

Since 1 January 2014, an ANBI must publish a number of details via the internet[1]. They must, of course, keep that data up to date and add financial data for the previous financial year by July 1 each year.

ANBI

A Ageneral Nut Beighteen In institution (ANBI) is designated as such with a formal order from the Inland Revenue and included in the ANBI register on :

http://www.belastingdienst.nl/rekenhulpen/giften/anbi_zoeken/.

An ANBI must meet a number of strict conditions not detailed here, one of which is the publication requirement.

Advantages

Gifts and donations to and by an ANBI are exempt from inheritance and gift tax. No maximum amount applies to this exemption.

With the donor, donations/gifts to an ANBI are deductible for income or corporate tax[2].

Publication requirement

As a minimum, the ANBI must disclose the following information via the internet[3]:

  • name of the institution;
  • RSIN;
  • contact details;
  • objective;
  • (summary) policy plan;
  • board composition;
  • remuneration policy;
  • (brief) report of activities;
  • financial accounting

Any ANBI is of course free to publish more information.

The name of the institutiong concerns the official name. A more popular name known to the Inland Revenue may be published alongside the official one.

The RSIN[4] is the registration number in the trade register at the Chamber of Commerce, which is also used by the Tax Office, among others. PLEASE NOTE: the RSIN is not the same as the Chamber of Commerce number.

Foreign ANBIs receive a tax number from the Inland Revenue.

The contact details are:

  • the postal or visiting address, or;
  • the phone number, then;
  • the institution's e-mail address.

Publication of a public-friendly version of the report required for every ANBI policy plan is sufficient.

The board compositiong concerns the statutory board, not the members of the policy-making body. They are:

  • the functions of which the board is composed and its powers;
  • remuneration policy;
  • the names of the directors, with the exception of:
    • directors of (parts of) denominations;
    • directors of institutions to whom the Inland Revenue has granted exemption[5] has granted.

The remuneration policy concerns the ANBI's directors, policymakers and other staff.

The intention is that an ANBI should at least annually (more often is of course allowed) defeatg does of its activities.

The financial accountabilityg involves the publication of a balance sheet and a statement of income and expenditure. This information must be published every year within 6 months published after the end of the financial year.

Therefore, if the financial year equals the calendar year, the data of a financial year must be published no later than 30 June of the year following the financial year.

Pure equity funds can suffice with an (abbreviated) statement of income and expenditure and an overview of the reservations made in the context of the expenditure, as well as their movements. A balance sheet is not required for these institutions.

Pure equity funds his settings:

  • who do not actively raise money or goods from third parties, and;
  • spend the assets at their disposal and the proceeds thereof solely for the benefit of their objective.

Standard form

The information must be provided with effect from 1 January 2021[6] be disclosed through a standard form if the institution had total expenses in the financial year:

  • €100,000, for fundraisers;
  • €50,000, for non-fundraising institutions.

Fundraisers are institutions that actively raise money or goods from third parties.

Other ANBIs may voluntarily use the standard forms, but they may also publish the information in a different format.

The standard form is available on the Inland Revenue's website:

https://www.belastingdienst.nl/wps/wcm/connect/bldcontentnl/themaoverstijgend/programmas_en_formulieren/standaardformulier-publicatieplicht-anbi-algemeen.

The Inland Revenue also makes specific standard forms available for:

  • fundraisers;
  • denominations;
  • educational institutions;
  • equity funds.

Loss of ANBI status

ANBI status is withdrawn or not granted by the Tax Office to ANBIs that fail to comply with the publication requirement or fail to do so in time.

With ANBIs in formation and newly established ANBIs, the Inland Revenue agrees on the date when they will put their data online for the first time.

Internet

The ANBI may publish the aforementioned information on its own website, but may also use common facilities for this purpose, for example offered by trade associations. The internet address where the information to be published can be found must be listed in the ANBI register.

In addition, a unique number will be added to the ANBI register, which in future must be included in the income or corporate tax return of taxpayers claiming deduction of donations. For Dutch ANBIs, this unique number is the RSIN. For foreign ANBIs the tax number

Ex-ANBI

An ANBI that has lost its status is obviously no longer required to publish its details.

However, an ex-ANBI must report annually to the Tax Authorities within eight months of the end of its financial year on[7]:

  • The total amount of donations to ANBIs and to SBBIs;
  • the total amount of other gifts, which do not exceed the exemption per transferee;
  • the total amount of other donations;
  • the total amount per recipient of the donations exceeding the exemption, indicating for each recipient name, address, place of residence, date of birth and BSN or Chamber of Commerce number;
  • A statement of changes in ANBI assets.

This information need not be provided if ANBI assets exceed €25,000:

  • at the time the ANBI loses its status, or;
  • at the beginning of the calendar year to which the data relate.

Periodic donations

For a tax periodic donation, a notarial deed can be used as well as a private record in the form of a form available from the tax authorities:

http://www.belastingdienst.nl/wps/wcm/connect/bldcontentnl/themaoverstijgend/programmas_en_formulieren/overeenkomst_periodieke_giften.

ANBIs (and SBBIs, e.g. sports associations, with 25 or more members and full legal capacity) can therefore easily use fully tax-deductible periodic donations in their fundraising.

The advantage of such periodic donations is that no threshold and/or maximum is taken into account in the context of income or corporate tax deductions.

The disadvantage is that the donor is bound to make the donation for 5 years.

 

 

 

 

The purpose of this note is to outline a scheme. For the sake of readability, matters have therefore been simplified. VWG is therefore not liable for the consequences of actions taken or not taken as a result of this memorandum.

[1] Article 5b(1)(2)o AWR.

[2] See also below on periodic gifts.

[3] Section 1a(7) Implementation Regulation AWR.

[4] Legal entities and partnerships information number.

[5] Exemption will be granted if it is shown that publication of the names would endanger the personal safety of drivers.

[6] Large institutions with a financial year equal to the calendar year must disclose information relating to the 2020 financial year by 30 June 2021 using the standard form.

[7] Section 10e Succession Act Implementation Decree 1956.

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