Foundations and trusts

Larger (family) wealth needs special attention. We assist private clients with the international structuring or restructuring of their assets in trusts and foundations in order to protect and preserve them for the long term.

We also advise foundations, trustees, family offices, and banks on taxation and legal issues, where necessary in tandem with experts in our extensive international network of specialist counsel.

We have extensive experience with international trusts and the position of trustees and protectors in different jurisdictions, as well as with the dismantling of trusts.

Groundbreaking jurisprudence

The tax authorities take a lot of private clients to court because of the tax position they have acquired through their involvement in trusts and similar foreign foundations or purpose funds. We have dealt with a number of these cases and created groundbreaking winning jurisprudence at the Supreme Court on the position of a beneficiary of a US Qualified Domestic Trust living in the Netherlands.

Robust tailored alternative: Dutch private foundation

The Dutch foundation trust office (Stichting Administratiekantoor) has been offering excellent opportunities for family governance and asset protection for the purpose of concentrating voting power and management for quite some time.

Since the implementation of the Segregated Private Assets regime (Afgezonderd particulier vermogen) in 2010, the Dutch Private Foundation offers a new option to structure assets integrally.

Koele Tax & Legal Perspecta has developed the Dutch private foundation into a robust and flexible alternative to the different types of discretionary trusts used in the Anglo-Saxon world. Families living outside of the Netherlands have an additional benefit because the non-Dutch assets in the Dutch private foundation, if properly designed, are not subject to Dutch taxes. Private foundations for international families are often designed with a combination of family and social goals.

Blog
Dutch Bill on Transparency Civil Society Organizations

THE BEGINNING OF THE END OF OUR CONSTITUTIONAL FREEDOM BY POPULIST SYMBOL POLITICS After several decades of research and practice in the non-profit sector, I have become deeply convinced that this sector forms the buffers of our democratic society based on the rule of law.

Publications

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

Ten Things on Philanthropy in the Netherlands Ten Things You (probably) didn't know about Philanthropy in the Netherlands, column by Ineke A. Koele in Philanthropy Impact Winter 2013/14