Consumption Foundation

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A consumption foundation is a foundation that is set up for a certain period of time and whose assets are to be used for the pursuit of a purpose. (Section 80 (2) sentence 2 BGB)

background

Usually the assets of a foundation remain untouched, the purpose is only financed from the income of these assets. This can become problematic if - especially in a phase of low interest rates - there are not enough funds available from the income to achieve the foundation's purpose. Consumption foundations, on the other hand, can already work with smaller assets. For certain projects, e.g. B. the reconstruction of historical buildings, the foundation's purpose is achieved even after the implementation of the funded measures, so that the continued existence of the foundation is not absolutely necessary. In addition, consumer foundations offer the founder the opportunity to influence the activities of the foundation over its entire lifespan, whereas with traditional foundations, an external administration must be employed at the latest after the death of the founder.

Legal position

For a long time it was not certain in Germany whether consumer foundations were legally admissible, as the preservation of assets was required. Admissibility was advocated by the literature. With the law on strengthening voluntary work of March 28, 2013, the consumption foundation was expressly approved in Section 80 (2) BGB. The necessary permanent fulfillment of the foundation's purpose appears to be secured if the foundation is to exist for at least 10 years after the foundation business.

Consumption foundations are also permitted in Austria, Switzerland and Liechtenstein. There is no minimum requirement as in Germany. In Austria, a consumption foundation can exist for a maximum of 100 years.

Tax treatment

The tax treatment of the foundation itself does not differ from that of conventional foundations. However, donations to the capital stock of a consumer foundation can only be claimed like donations for the promotion of tax-privileged purposes according to § 10b (1) EStG, i.e. H. up to 20 percent of the total amount of income, and not up to € 1 million in 10 years as with conventional foundations.

Examples

Consumption foundations are (in part) the Remembrance, Responsibility and Future Foundation (in relation to the amounts paid to the former forced laborers) and the Humboldt Forum im Berliner Schloss Foundation (in relation to the construction costs).

Individual evidence

  1. ↑ § 80 BGB , accessed on January 20, 2018
  2. ↑ Location comparison D-CH-AT-FL under foundation law, Stiftung & Sponsoring, The magazine for nonprofit management and marketing, issue 04.17 - August 2017, p. 5

literature

Web links