The State Secretary for Finance has amended the decree on donations and public-benefit organisations (ANBI). This provides a good opportunity to explain once again the option of regular donations, which may be somewhat (too) little known.<\/p>\n
Donations to an ANBI may be treated as personal allowance<\/em> are deducted from the income on which income tax is payable. An ANBI is an organisation listed as such in the register maintained by the Tax and Customs Administration for that purpose. The ANBI register<\/strong> you will find here<\/a>. Neither the threshold nor the maximum applies in the case of a regular donation<\/strong>. This donation is tax-deductible from the very first euro, and if the total of the regular donations in a year exceeds 10% of the (combined) aggregate income, the excess amount is also tax-deductible. Another advantage of regular donations is that they are deductible not only when made to an ANBI, but also when made to an association with at least 25 members that is not subject to corporation tax. This means that a periodic donation can be an attractive option for (sports) clubs, as it allows the tax authorities to contribute towards, for example, the construction of an (artificial turf) pitch or canteen and changing facilities.<\/p>\n A periodic gift must run for at least 5 years. The only exception is in the event of the donor\u2019s death, in which case the periodic gift must cease. A new section of the decree referred to above sets out some exceptions to this rule. It is permitted to terminate the periodic donation within the five-year period in the event of the donor\u2019s incapacity for work or unemployment. Early termination is also permitted if the beneficiary organisation goes into liquidation or loses its ANBI status. From the moment the organisation is no longer listed in the Tax and Customs Administration\u2019s ANBI register, the instalments of the periodic donation are no longer tax-deductible (the decision includes an approval for periodic donations to ANBIs that lost their ANBI status as a result of the amendment to the ANBI regime with effect from 1-2-2010). Under no circumstances is it permitted to reverse (revoke) instalments of a periodic donation that have already fallen due. The termination of the periodic donation may only relate to the instalments that have yet to fall due at that time.<\/p>\n Upon the donor\u2019s death, the decision permits the donor to stipulate in his or her will that any instalments of the periodic donation still due on the date of death are to be paid out in a single lump sum in the form of a bequest from the donor\u2019s estate. This applies in particular to periodic gifts in kind (for example, a work of art or a collectable donated to a museum), but it is also permitted in the case of periodic gifts in cash. Since 2014, a regular donation no longer needs to be recorded in a notarial deed; it is sufficient to complete in full a form provided for this purpose by the Tax and Customs Administration. This has made it an attractive option to structure even smaller amounts as regular donations. You can find this form here<\/a>.<\/p>","protected":false},"excerpt":{"rendered":" De Staatssecretaris van Financi\u00ebn heeft het besluit over giften en algemeen nut beogende instellingen (ANBI) aangevuld. Dat is een mooie gelegenheid om de wellicht wat (te) onbekende mogelijkheid van periodieke giften nog eens toe te lichten. Giften aan een ANBI mogen als persoonsgebonden aftrek worden afgetrokken van het inkomen waarover inkomstenbelasting is verschuldigd. Een ANBI […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-137","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/137","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/comments?post=137"}],"version-history":[{"count":0,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/137\/revisions"}],"wp:attachment":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media?parent=137"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/categories?post=137"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/tags?post=137"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nIn order to claim the deduction, the total amount of donations made to ANBIs in a calendar year must exceed a threshold. This threshold amounts to 1% of the combined aggregate income of the taxpayer and their tax partner (the threshold is at least \u20ac60). Aggregate income is the sum of the income in boxes 1, 2 and 3. If the total of the donations exceeds 10% of the aggregate income, the excess may not be deducted.<\/p>\n
\nIt is not permitted to include the gift in the gift agreement (or a separate agreement) retrospectively upon the donor\u2019s death.<\/p>\n