This summer, the State Secretary published a new decision on the ANBI scheme. In the following, we explain the most important conditions of the ANBI in more detail, and we discuss the most important points of attention from the policy decision.
Institutions can make use of the ANBI scheme. The necessary strict conditions apply to this. Public benefit institutions (ANBIs) can submit a request to the Tax and Customs Administration for ANBI status. ANBIs are exempt from gift and inheritance tax. In addition, taxpayers can enjoy tax facilities if they donate to an ANBI.
Strict requirements apply to ANBIs, such as:
| at least 90% of the public benefit | Non-profit |
| separate assets from other assets | Criterion for disposition |
| Anti-oppoteis/No more equity than necessary | |
| limited directors’ remuneration | Integrity of directors |
| News Policy Plan | reasonable ratio of costs and expenditures |
| appropriation of liquidation balance | Administrative obligations |
In the recent decision, the State Secretary for Finance discusses the public benefit requirement, the circumstances under which an ANBI status can be granted or withdrawn, the rules for foreign ANBIs (non-EU), the spending criterion, the remuneration criterion and an explanation of the distinction between public utility and commercial activities. In the following, we explain two elements in more detail:
Foreign ANBIs
Institutions outside the EU can be classified as ANBIs. But they must provide further information on the basis of which the ANBI Expertise Center can assess whether the institution meets the conditions.
Anti-hoarding requirement
The decision discusses the spending criterion (anti-opposition) in detail. This criterion means that an ANBI may not hold more assets than are reasonably necessary for the continuity of the activities for the purpose of its objective. The Decree contains extensive new policy views on the holding of assets, forms of reserves, core capital, the use of (realised and unrealised) returns, fixed spending percentages, core capital from before 1 January 2008 and an explanation of the criterion ‘in real terms’ for the rule that the core capital may be maintained in real terms.
ANBI and crowdfunding
Partly as a result of social developments, the ANBI decision also explicitly pays attention to the ANBI conditions for crowdfunding platforms. Crowdfunding platforms can be granted ANBI status if they have a sufficiently concrete public benefit objective of their own and if there are sufficient safeguards and control of this objective.