Real estate structures

Are you looking to invest in real estate? Or perhaps you’re planning to renovate a property for rental purposes? It can be a smart investment, and the return could even contribute to your pension. To get the best possible outcome, it's wise to plan ahead and structure the transaction properly from a tax perspective. That means looking into VAT and stamp duty before you get started. We’re here to help you move forward.
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Real estate structures

When purchasing, selling, or renovating property, tax considerations play a significant role. There are important differences in how transactions are taxed, which can greatly impact your net return in the short and long term. By making the right decisions at the right time, you can optimise your property transaction from a tax perspective and take advantage of opportunities. We’re here to support you.

Peter van der Sluis
Peter van der Sluis Senior belastingadviseur

Frequently Asked Questions

Should the transaction fall under stamp duty, VAT, or a combination of both? It can make a big difference whether you’re buying real estate at 21%, 6%, or even 2% stamp duty. In some cases, it may be more beneficial from a tax perspective for the property to be subject to VAT, as it generally means stamp duty is not due.

Determining the most tax-efficient way to structure your property transaction requires a tailored approach: there’s no cut-and-dried solution. We’ll assess your specific situation, goals, and expectations and translate that into the best tax structure for your property. We typically assist with questions such as:

  • Is the purchase or sale of the property or land exempt from, or subject to, stamp duty or VAT?
  • Is it better to transfer an office building under stamp duty or VAT?
  • When converting an office into residential units, is it more tax-efficient to avoid VAT?
  • Is the VAT on purchase and maintenance costs of the property deductible?
  • Is the rental of the property subject to or exempt from VAT, or does an exemption apply?
  • Does the sale qualify as the transfer of an "old" property or a newly constructed property?
  • Is the plot considered a building site or undeveloped land? And what steps can you take to qualify it as a building site?

Purpose of the property ­ transaction

It’s important to clearly define what you intend to do with the property. We’ll work with you to understand who the buyer or seller is, what the intended use of the property will be, and the legal and tax status of the property at the time of the transaction.

This gives you a complete overview and helps reduce the risk of retrospective assessments for VAT or stamp duty. You’ll also gain valuable insight into your tax position before contracts are signed.

Disclaimer: This post is based on legislation in force at the time of publication and provides a general overview. Our advisors will gladly provide tailored advice based on your specific situation.

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