Taxation of foundations in Europe

Farny, Otto; Degirmencioglu, Ani; Franz, Michael; Lunzer, Gertraud; Saringer, Martin

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URN:: urn:nbn:at:at-akw:g-576221

Persistent identifier:: AC07575981

Title:: Taxation of foundations in Europe

Creator:: Farny, Otto
Degirmencioglu, Ani
Franz, Michael
Lunzer, Gertraud
Saringer, Martin

Published:: 2009

ISBN:: 978-3-7063-0367-5

Keywords:: Europa
Stiftung
Steuerrecht

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Structure type:: Monograph

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Title:: 3. Belgium

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Title:: 3.2. Tax Treatment of Foundations

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Title:: 3.2.2. Current taxation

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16 purposes if certain conditions are met. In this case, the foundation must comply with the regulations on certification and pursue its activity without the aim of making profit; moreover, the dividends must be directly assigned to the certificate holders based on the size of their shares.18 Application of corporate taxation In the case of extensive commercial activity of the foundation, its income may be subject to corporate tax of 33.99% applicable to domestic companies. Certification Dividends held in the foundation assets in the framework of the activity of securities certifica- tion are not included in the tax assessment base as these are directly attributed to the certifi- cate holders in accordance with the principal of fiscal transparency. In this case, the issuer of the certificates pays the final withholding tax at source levied on the dividends directly to the tax authorities. For certificate holders, the income from the disposal of certificates is tax-exempt (in the case of companies). The same applies to private persons; however, under certain conditions, their income from the disposal of certificates may be subject to taxation under the category of â€œMiscellaneous incomeâ€�. Income from certificates is considered as dividends at the level of a company; as a result of arrangements for parent and subsidiary companies, it is tax-exempt to the extent of 95%. 3.2.3. Dissolution Dissolution of a foundation occurs upon application by a founder or its legal successor, the managing director, the public prosecutorâ€™s office in accordance with Article 39 Association and Foundation Act after a court decision, regardless of whether or not the termination was originally provided for upon expiration of a period of time or occurrence of certain circum- stances (e.g. fulfilment of the purpose). 19. The dissolution occurs when the conditions defined in the statutes are met or through court decision if the foundation is no longer able to perform its activities. The court appoints liqui- dators to distribute the assets. If this is not possible, the government is responsible for under- taking a distribution that comes closest to the original purpose of the foundation. However, the statutes should contain a provision which precisely defines the proceedings in the event of dissolution. 18 Cf. ibid, p. 697. 19 Cf. ibid, p. 692 et seq.

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