AREAS OF PRACTICE
Beside assistance and consultancy to companies to individuals at national and international level, Legal & Tax Management has developed an expertise focused on non-profit organizations, donors and intermediaries.
We assist them by
- Providing preliminary advice on legal and tax issues to NPO's or NGO's considering to start an activity, open an office or to set up a legal entity in Belgium; Advising international unincorporated associations or federated organizations, e.g. with EU funding objectives, to structure as a legal entity by using an appropriate vehicle, like an "AISBL".
- Advising NPO's in their setting up process: drawing up the statutes, based on a needs analysis, and assisting them in their further development.
- Helping non-profit entities in a restructuring process (legal and tax advice on mergers, transfers between non-profit entities, conversion into other legal forms, liquidations…).
- Helping charities seeking to receive income tax deductible gifts e.g. request for recognition by the tax authorities, looking for solutions for cross border transfers, e.g. Transnational Giving Europe, or for alternatives to benefit from tax efficient giving.
- Providing thoughtful guidance to individual and corporate donors, benefiting entities, intermediaries, fundraisers on the legal and tax aspects of domestic or cross-border gifts, donations or legacies to charities. Helping donors who have moved or plan to move from one jurisdiction to another.
- Dealing with VAT issues for subsidized non-profit organizations or entities receiving gifts and carrying out a "VATable" activity (partial and/or mixed VAT taxpayers).
- Advising non-profit entities pursuing an economic or commercial activity: determining the income tax status, i.e. corporate tax or tax or exemption, advising on VAT issues, managing permanent establishment issues/exemption when outbound economic activities are performed.
- Advising philanthropic organizations performing charitable sales, fundraising events, conferences, gala dinners on national or international level: income tax and VAT aspects.
- Attending general assemblies or other meetings in international organizations as external legal adviser.
- Completing resident or non-resident income tax returns (tax on legal entities or corporate tax) and any other tax compliance work for non-profit entities.