Foundations and trusts
"Ineke did a very professional job in our family trust case. She is quick to understand, communicates very clearly and tackles the matter well thought out with perfect timing and efficiency. We have been very happy with the result achieved and can recommend Ineke to everyone."
- Citywealth Private Client Review 2021
We help families with the (adaptation of the) international structuring of their assets in trusts and foundations, in order to protect and preserve the assets in the long term ('asset protection').
We have ample experience with international trust and foundation's matters, both contentious and non-contentious, as well as with the dismantling of existing structrures. We deal with the tax consequences of complex international trust structures for Dutch tax purposes and advise international families on the use of Dutch private foundations as an alternative set-up. We work in tandem with our extensive international network of specialist counsel.
- Read our publication: 'The Mystery of the APV's scope unraveled'.
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.
"Ineke Koele's professional and planned approach ensured that the complex, international case she handled for me could be dealt with successfully. She did have to go to our Supreme Court to litigate on this matter. Ineke Koele is bold and persistent. The communication and reporting to me was pleasant, involved and adequate."
-Citywealth Private Client Review
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.
- Read more The Dutch Private Foundation in comparison with trusts, Trusts & trustees, Oxford University Press, 2016;
- Read more The Dutch Private Foundation: a robust but flexible tool in dynastic structuring, Trusts & Trustees, Oxford University Press, 2014,
- Read more: Liber Amicorum Prof. K.L.H. van Mens, Van Mens tot Mens: 'The Chameleon features of the Foundation in Dutch tax laws', Sdu, maart 2011, p. 179 - 188.
- And read Solutions - Private Foundations: a lasting solution for wealthy and business families.
- Read our publication: 'The Mystery of the APV's scope unraveled'.
