{"id":726,"date":"2018-12-14T08:18:40","date_gmt":"2018-12-14T07:18:40","guid":{"rendered":"https:\/\/vwg.nl\/uncategorized\/aftrek-kosten-bij-verkoop-deelneming\/"},"modified":"2026-03-03T10:33:26","modified_gmt":"2026-03-03T09:33:26","slug":"deduction-of-costs-on-sale-of-participation","status":"publish","type":"post","link":"https:\/\/vwg.nl\/en\/aftrek-kosten-bij-verkoop-deelneming\/","title":{"rendered":"Deduction of expenses on sale of participation"},"content":{"rendered":"

\"\"<\/p>\n

Selling a shareholding often involves substantial costs. Which of these costs can you deduct from the profit on which you pay corporation tax?<\/p>\n

Participation<\/h4>\n

An NV or BV that holds 5% or more of the nominal paid-up capital in another NV or BV has a participation for corporate income tax purposes. A membership in a cooperative and a share in an open limited partnership also qualify as a participation.<\/p>\n

A participation does not exist when the shares are held as an investment or as stock. For tax purposes, a participation cannot be held in a fiscal investment institution (fbi) either.<\/p>\n

Participation exemption<\/h4>\n

When determining the profit on which you pay corporation tax, all benefits from a participation are excluded. The participation exemption applies automatically. You do not have to apply for it. Of course, you do have to correctly account for the participation benefits in your corporate income tax return.<\/p>\n

Negative benefits are also covered by the participation exemption. You can think of losses from the participation or costs related to the participation.<\/p>\n

Only on a loss you suffer due to the liquidation of a participation is not covered by the participation exemption. However, this liquidation loss can never exceed the tax acquisition price of the participation.<\/p>\n

Cost of disposal<\/h4>\n

The Supreme Court<\/a> recently formulated legal rules on the deduction of costs incurred in connection with the disposal of a participation. At issue in this case are advisory costs for a plan of action, consultancy services, due diligence, lawyers and a digital data room. The Inland Revenue considers that all these costs fall under the participation exemption, which obviously means that they are not deductible.<\/p>\n

The Supreme Court ruled that the costs are only covered by the participation exemption if there is a direct connection with the sale of the participation. This connection must be such that the costs would not have been incurred without the sale of the participation. Only costs related to the actual sale of a specific participation are covered by the participation exemption.<\/p>\n

When a sale falls through and the participation is sold to another party in a subsequent phase, it should be assessed whether the costs in the first phase would have been incurred even if that phase had not taken place. When it is not yet clear whether the sale of an associate will definitely go through, a contingent asset should be recognised on the balance sheet. Once the sale definitely goes through, it should be assessed which of the costs included in this asset item fall under the participation exemption. The other costs will then still be charged to profit.<\/p>\n

The Supreme Court referred the case to the Den Bosch Court of Appeal. That court must find out which costs are deductible under the criteria formulated by the Supreme Court. The Tax Court is of the opinion that costs are already not deductible in a broad orientation phase. That position no longer seems tenable on the basis of the Supreme Court ruling.<\/p>\n

 <\/p>\n

 <\/p>","protected":false},"excerpt":{"rendered":"

De verkoop van een deelneming brengt vaak forse kosten met zich mee. Welke van deze kosten mag je aftrekken van de winst waarover je vennootschapsbelasting betaalt? Deelneming Een NV of BV die 5% of meer van het nominaal gestorte kapitaal in een andere NV of BV houdt, heeft voor de heffing van vennootschapsbelasting een deelneming. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-726","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/726","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/comments?post=726"}],"version-history":[{"count":1,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/726\/revisions"}],"predecessor-version":[{"id":2739,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/726\/revisions\/2739"}],"wp:attachment":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media?parent=726"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/categories?post=726"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/tags?post=726"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}