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Choosing the Best Tax Deals Now

As long as no money has been provided, there are no tax consequences. There is a commitment, but the money has not yet been withdrawn, for example, because there are still waiting for other investors. In theory, it could be stated that tax contains a conditional right to delivery on the one hand and an obligation (debt), your commitment, on the other. For debts, there is a debt threshold of € 3,000 per person (€ 6,000 for tax partners jointly), which means that depending on the valuation of the conditional right there would be something to be taxed on balance if it was not in tax exempt products. 

Money talks and More

If the money has been requested and provided and the project is started while it is expected that the project will come to a successful conclusion which is a starting point the payment could be seen as a down payment for the product or service. We then find it justifiable that the tax capital has been reduced by the payment. Depending on the type of product, it makes sense to include that product in tax unless an exemption for tax applies. For track tax refund this is important.

  • If the money has been withdrawn and provided while there is a reasonable expectation that the project does not come to a successful conclusion, we believe that the amount can best be viewed as a receivable to the extent that the amount is expected to be repaid. In that case, you do not consider the provision as a gift without consideration. In that case, you include a receivable in tax (please see under 2 for the tax treatment of the loan). If the project comes to a conclusion and you receive the product with or without a discount, it depends on the type of product whether the result of the project is taxed annually in tax. For example, if it concerns household items or objects of art and science which are not held for investment they are exempt from the tax in tax.

Gifts for You

This concerns donations to a good cause. You make a donation to that cause and do not expect anything in return. The donations can be deductible under certain conditions. This depends in particular on whether the crowdfunding project qualifies as a public benefit organization (association or support foundation) and meets the specific conditions for this. This will not be the case with a crowd-financed BV. The donations leave your assets and will no longer fall into tax from that moment on. The reference date for tax is 1 January. So it makes sense to do this before that date. There is still no question of a donation in case of a condition precedent of achieving a specific target capital. Only when the target capital has been reached is there a civil law donation.

Conclusion

From that moment on, the funds will no longer fall into tax. However, if the funds are still in a trust account on the reference date (1 January) pending fulfillment of the suspensive condition, they are still part of the tax assets.

 

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