Knowledge and experience in Real Estate

The current Box 3 taxation (Dutch personal income tax regime for private wealth) is based on a deemed return. Under the counter-evidence scheme, you can demonstrate that the actual return on your real estate is lower and reduce your Box 3 tax accordingly.

The intention is to fully transition to a Box 3 system based on actual returns as from 2028. We support you in mapping your actual return under the counter-evidence scheme and preparing for the expected new Box 3 legislation. 

We assess what is fiscally more favourable: holding real estate in Box 3 or through a BV, where income is taxed in Box 2 (Dutch personal income tax on substantial shareholdings). In doing so, we consider both your existing portfolio and potential future investments. We also review optimisation opportunities, for example regarding the valuation of real estate. 

If your activities go beyond passive rental, this may qualify as active asset management and be taxed as business income in Box 1 instead of Box 3. A proper substantiation of the tax qualification is crucial given the potential impact. We assist you in assessing and documenting the appropriate classification. 

In real estate transactions, transfer tax and VAT play an important role. We regularly advise on applicable transfer tax rates, which currently range from 0 percent for certain residential acquisitions to 10.4 percent for investment property. We also advise on the interaction between VAT and real estate transfer tax, including the concurrence exemption when purchasing or selling newly built or renovated real estate. 

We ensure the timely and accurate filing of your tax returns. 

The return on real estate is often significantly influenced by the corporate income tax burden. We advise on optimising the tax position within real estate structures. Important elements include interest deduction limitations, reinvestment reserves and the tax valuation of real estate. 

Reorganisations within real estate structures may trigger corporate income tax, VAT and / or transfer tax. We advise on how to prevent or limit taxation through the application of tax reorganisation facilities and exemptions. 

We provide tax due diligence, modelling and structuring support in mergers, acquisitions and sale transactions. 

We guide clients through complex VAT and transfer tax issues relating to transactions and project development. This includes the concurrence exemption between VAT and transfer tax, split purchase and construction agreements and VAT revision rules. 

Compliance and strategy go hand in hand. We translate legislative developments directly into practical implications for your organisation. 

With international investments, the objective is twofold: preventing double taxation and managing the overall tax burden. We advise on the tax structuring of your international real estate portfolio. Through our international RSM network, we can act swiftly and provide advice based on local expertise. 

An international real estate portfolio often creates filing obligations in multiple jurisdictions. Through our global network, we coordinate tax returns in the Netherlands and abroad. This allows you to benefit from local expertise while retaining one central point of contact if desired. 

Transferring a real estate family business to the next generation is a significant process. Proper structuring is crucial. Together with our family business specialists, we guide you through the entire process, from legal structuring to tax optimisation. 

The valuation of your real estate portfolio plays an important role in matters such as business transfers, transactions, the Box 3 levy and the tax deductibility of depreciation. Given the often substantial financial interests involved, an independent second opinion can be decisive. We provide second opinions on tax valuations and strengthen your position towards the Dutch Tax Administration.