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Independent, client-oriented and
loyal Consulting Services for Foundations
The boom in private charitable organizations and foundations
continues uninterrupted in Germany. Each year in Germany,
hundreds of new legally-recognized foundations are formed.
More and more people are considering foundations as they contemplate
what to do with the wealth they have accumulated during a
career in a firm or as entrepreneur. The reform of the law
of charitable organizations and foundations that took place
in 2007 fueled the trend by conferring tax advantages on those
who pursue this course of action. With the growth in foundations
comes increased demand for qualified expertise in this area
of the law.
Winheller Attorneys at Law can be your competent, loyal, and
independent advisors in matters of the law of foundations,
and are pleased to accompany you as you develop your charitable
endeavors. We are accountable only to your interests. This
distinguishes us from other charitable consultation providers
such as banks or asset advisors, which make money from the
administration fees and who therefore may lean toward advising
clients to start a foundation rather than pursue other options.
However, it is of no concern to us whether you choose to start
a foundation or not. Our sole concern is whether starting
a foundation is the right choice given your individual life
situation and your needs and goals. We think outside the box,
and "can do more than just foundations". We would be happy
to explore alternatives to conventional foundations, and will
explain the tax possibilities of each one.
Competent Advice on the Law of Foundations
Winheller Attorneys at Law specializes in consultation on
matters of the law of foundations. We will evaluate whether
starting a foundation is the right choice for you and, if
so, will tailor the foundation to your personal life situation
and that of your relatives. If you choose to start a foundation
in another country, we will work closely with colleagues in
that country.
Consultation in matters of foundations law is as individual
as your personal life situation. Winheller Attorneys at Law
provide expert assistance in all questions relating to the
subject of charitable and non-charitable foundations.
In particular, we can help with the following:
- Deciding whether creating a charitable foundation makes
sense, compared with alternative wealth disposition options,
- Creating a foundation (charitable foundation, family foundation,
business foundation, foundation trust, mixed forms, etc.),
- Choosing the right location (German State, Germany or in
a foreign country),
- Questions on the law of foundations and on regulatory agencies
in German states,
- Taking advantage of all the tax benefits of a foundation,
with regard to income tax, gift tax, and inheritance tax issues,
- Other related special tax considerations relating to charitable
organizations (for example, substitute inheritance tax, withholding
tax, taxability of dividends, taxability of business activities,
sales tax discounts, etc.),
- Choosing a strategy for reducing or eliminating the so-called
substitute inheritance tax,
- The extent to which a foundation is a suitable vehicle for
business succession,
- Questions about fundraising and endowment contributions,
- All questions of the law of foundations and the tax laws
that arise in relation to the day-to-day operation of the
foundation, and
- The choice of a profitable yet legally sound investment
strategy, as well as the administration and protection of
the foundation's assets.
Accounting, Tax Advice, and Fundraising
We consider ourselves a one-stop shop for foundations. Aside
from legal and tax advising, we offer further services either
directly or from cooperating experts. Our accountants can,
for instance, help you set up an accounting system, produce
yearly reports, and generate grant and donation documentations
- all in compliance with the law of foundations and nonprofit
tax law. From a financial perspective, we will be happy to
refer you to fundraising specialists who will work closely
with you on issues such as soliciting donations and other
third-party funding for your foundation.
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