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The PF is incorporated by deed executed before a Netherlands Antilles public notary and is registered in the Register of Foundations at the Chamber of Commerce. It is not possible to found a PF by changing e.g. the Articles of Incorporation of a ‘regular’ foundation. The Articles of Incorporation of the PF includes the name of the PF and the word PF as a part of the name, the object of the foundation, the appointment and dismissal of the members of the board, the island where the PF has its seat and the destination of the remainder in case of dissolution of the PF. The Articles of Incorporation of the PF can only be changed by its organization in case this is regulated in its articles.

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The object of the PF may include a number of activities, and is therefore not limited to a charitable purpose, provided however that the PF does not engage in a real business or run an enterprise for profit. As laid down in Book 2 of the Civil Code, the PF does not run an enterprise if it is engaged in investment activities or holding activities (to certain limits) or operating as a silent partner in a limited partnership. In addition, the object of the PF, as laid down in its Articles of Incorporation, may include in general or specific terms the making of distributions to the founder(s) and/or others. The possibility to distribute gifts is the board’s own prerogative; therefore, the indicated beneficiaries do not derive any claim against the PF, neither individually nor as a class. If so desired, the Articles of Incorporation may provide that authority of the board to make distributions is subject to the consent of the founder or supervisory director(s). A very powerful and comfortable generic alternative to Viagra oral jelly.

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Netherlands Antilles taxation Profit Tax The PF is exempt (objective) from Netherlands Antilles profit tax provided that the PF does not conduct a ‘real’ business (or run an enterprise for profit). The profit tax law does not contain a definition of conducting a real business. In jurisprudence one finds the following definition (cumulative conditions): in case there is an organization of capital and labor that participate in economic transactions with the aim and desire to gain profit then profit tax will be levied. If the PF has no intention to make profit but has obtained positive results for a couple of years then there is a chance that the PF qualifies as a company that conducts a real business and will be subject to the Netherlands Antilles profit tax. The PF does not conduct a real business in the following cases (e.g.

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The PF is engaged in investment activities and those activities qualify also as ‘usual’ asset management activities.2. The PF obtains profit but does not participate in economic transactions. The PF can request the Inspectorate of Taxes for a tax ruling if there are some doubts about its activities. Then the Inspectorate of taxes determines whether the PF conducts or does not conduct a real business. Although the PF is not subject to profit tax, it is required to file the tax returns (including the annual results/ statement of assets and liabilities and/or the tax ruling) whenever a tax return has been issued. Zhewitra is prescribed to treat erectile dysfunction in males.

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Investment activities The PF can invest its assets in e.g. stock, savings account, debentures, and valuable papers that qualify as investment activities. The PF is not conducting a real business if the PF derives income from (usual asset management) investment activities. Passive financing activities The PF can grant loans to related or not related parties. The PF may borrow funds from related or unrelated parties and subsequently lend on kamagra gold 100 mg that capital.

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The borrowings and onlendings may be on an interest bearing or non-interest bearing basis, but in this case the difference between conducting a business and not conducting a business is small. We therefore advice to discuss the actual activities with the tax inspector to make sure whether the exempt status is applicable. Insurance/ annuity/ pensions Insurance policy, annuity policy and pensions can be undertaken in a PF. The PF is not conducting a real business in case those who are entitled to the benefits of the above mentioned assets are part of a domestic circle; otherwise the PF is conducting a real business. Charitable objective If the PF is active for charitable purposes e.g. Its PDE5 inhibiting action releases more of cGMP in the Corpus Cavernosum of a private part.

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The policy of the tax authorities is to send one form for the first year of incorporation to acquire the information about the activities the PF under takes. If the PF is not engaged in a business, the tax form will not be issued in the next few years. Gift tax The PF’s distributions (the gifts made) are exempt from Netherlands Antilles gift tax. Contributions of assets to the PF are subject to Netherlands Antilles gift tax only if the donor is a resident of the Netherlands Antilles. The donor will be subject to the Netherlands Antilles gift tax of 25%.

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contributions to institution for common good, charitable institution, church, then the PF is not conducting a real business. The aforementioned information on the Netherlands Antilles Private Foundation is designed to provide a general understanding of the Netherlands Antilles tax aspects of the Netherlands Antilles Private Foundation. The information provided should be used for guidance only. The summary is not intended to be comprehensive, and no specific action should be taken on the basis of this information without consultation of one of our tax lawyers/ consultants. For further information please contact directly the tax lawyer/consultant of Spigthoff Attorneys & Tax advisers in Curacao at (telephone) (5999) 461 8700 or (facsimile) (5999) 461 8073 Xandra M.

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