03/May/2023

Last Friday, the Dutch government presented its Spring Memorandum which includes several relevant plans for the real estate industry:

• Entities with real estate leased to third parties will be excluded from the €1 million deductible interest threshold under the earningsstripping rule (per 2025).
• The real estate transfer tax concurrence exemption (samenloopvrijstelling) will be abolished for taxable acquisitions of shares (per 2024; as announced earlier).

Next to these plans, the following measures are considered:

• Introduction of a three-year clawback provision for demergers in the real estate transfer tax (similar to the clawback for internal reorganizations).
• Introduction of a VAT revision period for large-scale renovations and refurbishments (currently VAT revision only applies if a new property is developed).

The Spring Memorandum can be found here, with tax plans as from p. 220.