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Donations legal basis
Please, read below extracts from the RF codes and laws by virtue of which the Charitable Foundation by name of Helena Roerich accepts donations.
What is a donation, on what grounds does the Charitable Foundation named after Helena Roerich accept donations?
Civil Code (part four) of the Russian Federation:
Article 582. Donations
1. A gift of a thing or a right for socially beneficial purposes is considered to be a donation. Donations can be given … to charity, scientific and educational institutions, foundations… public organizations, other non-commercial organizations.
2. No permission or consent is required to accept donation.
3. Donation of property to legal persons can be subject to certain target use specified by the donator…
4. ...in the events where donated property use in accordance with the purpose specified by the donator becomes impossible due to any change in the actual circumstances, such property can be used for another purpose only subject to the donator’s consent...
5. Donated property use not in accordance with the purpose specified by the donator, or this purpose modification involving violation of rules stipulated by clause 4 hereof shall entitle the donator, his/her/its heirs or other successor to demand the donation cancellation.
Federal Law “On Non-Commercial Organizations”
Article 26. Sources of a non-commercial organization property formation
1. Sources of a non-commercial organization property formation in the monetary or other forms are:
· regular and lumpsum receipts from the founders (participants, members);
· voluntary property contributions and donations;
· proceeds from realization of goods, works, services;
· dividends (income, interest) received on shares, bonds, other securities and contributions;
· revenues received from the non-commercial organization property;
· other receipts not prohibited by the law.
Does the Charitable Foundation named after Helena Roerich pay tax on my donation?
Pursuant to the Tax Code, your donations are not subject to taxation.
Tax Code (part two) of the Russian Federation
Article 251. Income not taken into consideration at the time of the tax base determination:
2. When the tax base is determined, special-purpose receipts are not taken into consideration either (except special-purpose receipts in the form of goods subject to excise). They include special-purpose receipts from the budget and special-purpose receipts for non-commercial organizations subsistence and authorized activities received without compensation from other organizations and (or) natural persons and used by the specified beneficiaries in accordance with their purposes. In such case, taxpayers – the said special-purpose receipts beneficiaries – are obliged to keep a separate record of revenues (expenses) received (made) within the limits of the special-purpose receipts amount.
Special-purpose receipts for non-commercial organizations subsistence and authorized activities include:
1) enrollment fees, membership fees, share contributions, donations paid in compliance with the Russian Federation law on non-commercial organizations...
Can I get tax benefits on my donation to the Charitable Foundation named after Helena Roerich if I mention such donation in my tax declaration?
Unfortunately, pursuant to the applicable law, your donations to the H. Roerich Charity Foundation cannot give rise to social tax deductions, as the H. Roerich Charity Foundation is not referred to organizations partially or wholly financed from budgets funds.
Tax Code (part two) of the Russian Federation
Article 219. Social tax deductions
1. When the tax base amount is determined pursuant to clause 3 article 210 hereof, the taxpayer is entitled to the following social tax deductions:
1) in the amount of revenues transferred by the taxpayer for charity purposes in the form of monetary aid to organizations of science, culture, education, health care and social security partially or wholly financed from corresponding budgets, and to physical culture and sports organizations, educational and pre-school institutions for the needs of citizens physical education and sports teams support, and in the amount of donations transferred (paid) by the taxpayer to religious organization for their authorized activities, – in the amount of actual expenses, but not exceeding 25 percent of the revenue amount received in the tax period.
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