As a non-profit, you want to create a more stable base by raising new sources of funds. Major donors are at the intersection of private clients and non-profits and are a group that is yet unexplored in the Netherlands. We help non-profits tap into this market with tax-legal innovations embedded in strategic advice. Fundraising through the estate of wealthy individuals is a delicate topic where potential disputes with the family should be anticipated.
In specific major donor cases, we advise on the design of the gift, grant, sponsor or partnership agreement that reflects the intentions of both parties. Tax optimized, of course. In the Netherlands, this field is still in its infancy, but has great potential.
Many individuals have bequeathed charities (ANBIs) in their wills, but miss out on the tax benefits of lifetime gifts and the pleasure of seeing the results of their contribution. That is a missed opportunity. By only taking bare ownership of the assets and turning it into cash for your organization, you are guaranteeing that the donor will receive an optimal yield on the donated assets while your organization can look forward to receiving the major donor’s contribution right away. We developed Shared Giving to make this easier for ANBIs (www.gedeeldgeven.nl).
Other forms of win-win thinking that enable your organization to develop a meaningful relationship with prospective major donors or their children or grandchildren are among the possibilities.
Fundraising gifts and testamentary dispositions of wealthy individuals are also still in their infancy in the Netherlands. It can be very lucrative to ask your patients, visitors, alumni or other interested parties to add you as a beneficiary to their estate. But there are legal and also pragmatic issues that need to be considered because the testator's descendants may not be happy to find out that they are relatively less important than expected. Disputes between family members and your organization on the validity and interpretation of wills are predictable. To avoid damage in general and to your reputation in particular, it is essential that you map out these issues and act accordingly. If a problem does occur, Koele Tax Legal Perspecta is the perfect partner to address a conflict and make sure your interests are represented across the spectrum.
Fortunately, there are lawyers who have never embraced the tournament model and instead focus on results and interests rather than battles and positions.
Shareholder Foundations of Enterprises: the North European style of securing family businesses for the long term In this article, Ineke Koele explores together with Rasmus Feldthusen from the University of Kopenhagen, how and why the traditional business succession system within family businesses needs to be reconsidered.
Enlarging Space for International Philanthropy Following up on her analysis on the topic in her doctoral dissertation, Dr.
Dutch foundations - ANBI or not ANBI With Brexit on the agenda, there is increased attention for the use of charitable organizations in the Netherlands.
Tax issues of public interest generosity In the annual book 2016/2017 of 'De Dikke Blauwe' in relation to Philanthropy, Major Donors and Social Enterprises, Ineke Koele has written an analysis (in Dutch) of the tax issues of public interest generosity.
Quote interview Family Wars As a specialist on Tax and Wealth Disputes, Ineke Koele has been interviewed by Sander Schimmelpenninck for the November issue of 'Quote' on Family Wars.
The Dutch Private Foundation in comparison with trusts: for the same purpose but rather different Trusts & Trustees, Oxford University Press, February 2016, p. 140-145. The Dutch Private Foundation provides an alternative paradigm for sustainable asset protection purposes.
Family Business Lasting Legacy Planning On Family Businesses and succcesful transitions to the NextGen through Lasting Legacy planning, Philanthropy Impact issue 7 2015
Mistake in Dutch Private Clients practice: the autonomy of parties revealed On the meaning of 'Mistake' in the Dutch estate planning practice in comparison with the Anglo American practice, Trusts & Trustees, July 2014
The Dutch Private Foundation: a robust but flexible tool in dynastic structuring The Dutch private foundation is a robust and flexible tool for managing private wealth.
International Charitable Giving Oxford University Press, 2012, author Chapter: the Netherlands