Wednesday, 5 November 2014

May an association perform an economic activity?

 
As a general rule associations are groups of individuals (a minimum of 3 people) that are created for social purposes. Promoters and members share a certain goal (civic, cultural, sports, etc.) and are feed economically by fees paid by members and also they can get grants for promoting their purposes. Under these premises can the associations run economic activities?
We must clarify that associations generally reach the consideration of non-profit entities and that forces them to allocate all resources obtained in the purposes for which they were created. The are unable to deliver economic benefits among partners, as do corporations, but that does not stop them carrying out economic activities.
Activities to generate funds for the association Imagine a cultural association that has a space in the association premieses that is intended to provide coffee-bar services to its partners or to third parties , it would be a way to earn income through profits made by those services. That's perfectly legal, but always bearing in mind that these benefits are allocated to the activities of the association and the money cannot be shared among the partners,
As this example there are many but as this is an economic activity like any other requires its registration with the tax authorities and the obligation of filling up periodic tax forms.
Partnerships are required to file the corporation tax during the month of July the corresponding declaration to the previous year. However, the associations will not be required to file the corporation tax if they meet the following requirements: -The total income does not exceed € 100,000 per annum. -The not exempt income subject to withholding do not exceeds 2,000 Euros per year. -That all non-exempt income earned are subject to withholding.
Generally associations can apply to the Tax Office the VAT exemption, based on the social characteristics of its operation. But it is noteworthy that this exemption is referring only to membership fees, so if they perform ancillary economic activities and these activities are subject to VAT the associations shall submit the corresponding tax statement, the exemption does not apply in these cases.
Because of the greater ease of obtaining grants there are companies that abuse the legal form of partnerships-associations but at the end of the day they have to pay the same taxes by the economic activities they perform having the disadvantage that they cannot distribute the profit among the partners.
For further detail do not hesitate in contact VP Advisers


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