The State Secretary for Finance has published a new decision on ANBIs. The decision includes policy on the conditions that an investment must meet to qualify as a public benefit investment. This implements commitments made to the House of Representatives.
An institution must meet certain conditions to obtain and maintain ANBI status. One of these conditions is the spending criterion. In consultation with a working group from the trade organization, conditions have been drawn up that an investment must meet in order to be classified as a public benefit investment.
The decision includes five conditions. For example, the primary purpose of the investment must be directly able to achieve or promote the purpose of the ANBI and it must not concern a business activity with the primary purpose of obtaining an advantage.
There is a reporting obligation if an (investment of an) ANBI does not meet the conditions when this decision comes into effect. For non-qualifying public benefit investments, it must also be determined whether the capital is otherwise reasonably necessary for the continuity of the planned activities for the purpose.
The decision will enter into force on April 3, 2024.
Articles of law:
Implementation Regulations General Act on State Taxes 1994 1a
General Act on State Taxes 5b
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Tags: ANBI decision published decision public benefit investments
