In this blog post Johan Vrolijk describes when an entity qualifies as a real estate entity for Dutch RETT purposes and also elaborates on the Amsterdam Court of Appeal’s decision, including the course of the proceedings. Consequently, the acquirer of all shares in the self-storage business has to pay 6% Dutch RETT (2015 rate) on the fair market value of the immovable property situated in the Netherlands directly or indirectly represented by those shares. The self-storage business therefore meets the purpose requirement ( doeleis) and, as it also meets the ownership requirement ( beziteis), qualifies as a real estate entity for Dutch real estate transfer tax (“RETT”) purposes ( onroerendezaakrechtspersoon).
