[ Pobierz całość w formacie PDF ]
.scientific research or culture, literary,DIRECT TAXESartistic etc.20.Gifts by companies15.General positionLegal persons may deduct gifts given asIncome tax for legal persons - IRC -cultural sponsoring or to organizations(20% of taxable income) which issuch as teaching or educational,payable on total income less certainscientific research or cultural, literary orexpenses.Subscriptions paid byartistic associations from their taxablemembers and subsidies to finance theprofits up to a total value equal to 0.2%attainment of the association's objectsof turnover, and 50% of any sum inare not considered as income.excess of that.Tax on assets.20(a).Gifts to non-resident associations16.Recognition of associations for taxpurposesACCOUNTS AND AUDITINGLegal persons of an administrative publicutility (religious communities, voluntary21.Accountsfiremen's associations etc.) are exemptfrom IRC, as well as ordinary public The conseil de surveillance - supervisoryutilities pursuing exclusively scientific or council - is the body responsible forcultural objects, or performing charitable monitoring the activities of theor social work; specific institutions for administrative body.It ensures that thesocial solidarity (IPSS) and persons accounts of the association are properlylegally similar to these.kept.17.Criteria for recognition The accounts of associations whichenjoy tax concessions must always beIn the first two cases, the organizationsavailable to the tax authorities.must cooperate with the governmentauthorities, at national, regional or localFOUNDATIONSlevel.IPSSs and similar bodies must beregistered with the regional social22.Constitutionsecurity department.Nevertheless, theBy an act inter vivos or a will.Thedecision is at the discretion of thenotarized form of the act is required,authorities.The extent of the exemptionexcept in the case of a non-public will.may vary depending on the objects.The charter establishing the foundation18.Qualifying objects for recognitionmust state the object of the foundationand specify the goods allocated to it.Exemptions are granted by the MinistryThe statutes must always be inof Finance at the request of applicants byauthenticated form.means of a decision (despacho)published in the "Diáro da República23.Definition19.Gifts from individualsThere is no legal definition.Inaccordance with general practice, theNatural persons may deduct gifts to thefoundation is an organization pursuing aorganization specified in Article 56 ofthe law on the IRS up to a value equal to72 permanent object to which assets havebeen assigned.24.Nationality requirementsNo, but the head office must be inPortugal.25.Acquisition of legal personalityFoundations acquire legal personality byindividual recognition, which is theresponsibility of the administrativeauthority.26.Legal capacityAs for associations27.Disposal of assets in the event of windingupThe assets of wound-up foundations aredisposed of according to the commonsystem for associations and foundationsTAXATION28.As for associationsACCOUNTS AND AUDITING29.Accounts30.AuditingFoundations remain under the permanentsupervision of the competent authorityfor recognition.Foundations must havea tax council.They may be wound up bythe authority which recognized themonce their object has been attained orhas become impossible to attain, in theevent of illicit use of resources, if publicorder is endangered or if the objectbeing pursued no longer corresponds tothat laid down in the statutes.73 associations made up of Finnish citizensFINLANDor foreigners residing in Finland.Members of the Board: The chairmanASSOCIATIONSand at least half of the members of theboard must be resident in Finland if theLEGAL FRAMEWORKMinistry of Trade and Industry has notgranted an exception.1.Right of association guaranteed by law?6.Legal personality and how acquiredYes.Article 10a of the Constitution ActYes.According to the Associations Act,as amended in 1995 and Article 1 of thelegal personality is acquired byAssociations Act of 1989.registration.Only registered associations2.Basic definitioncan have legal personality.The membersA contract by which several people actof a registered association shall not betogether for the common realisation of apersonally liable for the commitments ofnon-profit purpose.(The association is athe association.permanent body in the sense that it is not7.Legal capacitymomentaryA registered association has full legal3.Minimum number of founderscapacity as a legal person.A registeredThreeassociation may obtain rights, make4.Types of associationcommitments and appear before a courtor another authority as a party.Non-A.Registered associations:registered associations do not have legal- non profit associationscapacity- economic associations (for example co-8.Statutesoperative societies established before theYes.entry into force of the Act on co-operative societies of 1954)9.Registration requirements- associations subject to permissionRegistration is not compulsory as such.(provided by the Associations Act)If registration is wanted, requirements ofregistration are provided in the- associations organised by a legalAssociations Act.act/statute (for example the FinnishAdvocates Associations)A notification of formation shall berecorded in a Memorandum ofB.Non-registered associations which doAssociation which shall include the rulesnot have legal capacityof the association and the name and5
[ Pobierz całość w formacie PDF ]