pdf<\/a>-format available.<\/p>\n <\/p>\n
<\/p>\n
The purchaser of property is liable for stamp duty. The rate of this tax will be increased from 6% to 8%<\/strong>. At the same time, the rate of 2%<\/strong> for the purchase of residential property, but on a limited basis. In addition, an exemption (a rate of 0%<\/strong>) provided that the value of the property does not exceed \u20ac400,000.<\/em><\/p>\nChanges to the tax rate may, of course, provide a reason to bring forward or, conversely, to postpone planned property transactions. Furthermore, these changes may provide a reason to restructure property portfolios.<\/p>\n
Adjustment to the 2% rate<\/strong><\/h4>\nThe 2% rate has applied to the acquisition of a dwelling since 15 June 2011. We do not elaborate further in this note on exactly what is covered by the term \u2018dwelling\u2019.<\/p>\n
With effect from 1 January 2021, this rate will only apply if:<\/p>\n
\n- the property is acquired through a private individual<\/strong>;<\/li>\n
- who, after acquiring the property, intends to use it \u2013 other than on a temporary basis \u2013 as main residence<\/strong>.<\/li>\n<\/ul>\n
This means that the acquisition of residential properties by an investor is taxed at the rate of 8%.<\/p>\n
Nor can a holiday home be acquired at the 2% rate any longer. As this property will not be the purchaser\u2019s main residence, transfer tax at the 8% rate is payable.<\/p>\n
The 2% rate no longer applies to the acquisition of:<\/p>\n
\n- only the beneficial ownership of a property;<\/li>\n
- shares in a property company.<\/li>\n<\/ul>\n
Main residence<\/strong><\/h4>\nThe term \u2018principal residence\u2019 refers to the long-term personal use of a property. It refers to the place where a person has their main centre of life; the focal point of their personal and financial interests.<\/p>\n
If the property is intended to serve as a principal residence for 90% or more, the reduced rate may be applied to the acquisition of the entire property.<\/p>\n
Divisible property that is partly used as a dwelling is taxed at the rate of 2% for the part used as the main residence.<\/p>\n
Appurtenances<\/strong><\/h4>\nThe 2% rate may be applied to appurtenances to the property, provided that these appurtenances are acquired at the same time as the property. If an appurtenance is acquired at a later date, 8% transfer tax is payable.<\/p>\n
Start-up exemption (0%)<\/strong><\/h4>\nWith effect from 1 January 2021 (until 1 January 2026), the first-time buyer\u2019s exemption under the transfer tax scheme applies to the purchase of a property:<\/p>\n
\n- by a natural person who is aged 18 or over but under 35;<\/li>\n
- which has not previously applied the exemption (it is not a requirement that this be the first time a property has been purchased<\/em>);<\/li>\n
- intends to use the property as their main residence on a more than temporary basis following its acquisition.<\/li>\n<\/ul>\n
With effect from 1 April 2021<\/strong> This exemption does not apply to the acquisition of properties valued at more than \u20ac400,000 (property value threshold). The decisive factor is the value of the property (including its appurtenances), not the value of the acquisition.<\/p>\nREMEMBER<\/strong>: The use of the exemption is subject to an obligation to file a transfer tax return (this obligation applies, incidentally, to all exemptions from transfer tax).<\/p>\nThe purchaser must apply to the Tax and Customs Administration for a transfer tax return form within one month of the acquisition. In the vast majority of cases, however, this will be dealt with as part of a notarial deed.<\/p>\n
Review<\/strong><\/h4>\nWhether the conditions for the 2% rate, or the exemption, are met is assessed at the time the property is acquired. This is usually the moment when the notarial deed of transfer is executed (as legal title must be acquired, the signing of the contract of sale is not a relevant moment).<\/p>\n
At that time, the transferee must declare in writing, clearly, unequivocally and without reservation, that the conditions have been met.<\/p>\n
The Tax and Customs Administration assesses retrospectively whether the purchaser has actually started using the property as their main residence. In doing so, it will consider, amongst other things, the purchaser\u2019s registration in the Personal Records Database, whether the property is classified as their own home for income tax purposes, etc.<\/p>\n
If it subsequently transpires that the conditions have not been met, the Tax and Customs Administration will issue the transferee with a supplementary transfer tax assessment. This will not be done if the transferee can demonstrate that there were unforeseen circumstances.<\/p>\n
Per purchaser<\/strong><\/h4>\nThe application of the exemption is assessed on a per-purchaser basis (this does not apply to the property value threshold). Where a property is acquired by two purchasers, the exemption may apply to one purchaser but not to the other.<\/p>\n
Subsequent acquisitions<\/strong><\/p>\nThe transfer tax includes a provision to prevent double taxation in the case of successive acquisitions within six months. Under this provision, the taxable amount is reduced by the amount on which transfer tax has already been levied.<\/p>\n
Example 1<\/u><\/em><\/p>\nIn early 2020, A purchases a property for \u20ac350,000 and pays \u20ac21,000 in stamp duty (6%).<\/em><\/p>\nWithin six months, A sells the property to B for \u20ac360,000. B pays the following amount of transfer tax: 6% * (\u20ac360,000 -\/- \u20ac350,000) = \u20ac600.<\/em><\/p>\nThis concurrent ownership rule does not apply where a property has been acquired under the first-time buyer\u2019s exemption (0%).<\/p>\n
Where the property has been acquired under rate 2%, a tax relief is granted instead of a reduction in the tax base.<\/p>\n
Example 2<\/u><\/em><\/p>\nA will take possession of the property in early 2021 and will pay transfer tax: 2% * \u20ac350,000 = \u20ac7,000.<\/em><\/p>\nUpon the subsequent acquisition by B, who will not be using the property as their main residence, within six months, B will be liable for transfer tax: 8% * \u20ac360,000 = \u20ac28,800. The transfer tax paid by A on the previous acquisition is then deducted from this amount, meaning that, on balance, B pays: \u20ac28,800 -\/- \u20ac7,000 = \u20ac21,800.<\/em><\/p>\n <\/p>\n
<\/p>\n
The purpose of this note is to outline a scheme. For the sake of readability, matters have therefore been simplified. VWG is therefore not liable for the consequences of actions taken or not taken as a result of this memorandum.<\/em><\/p>","protected":false},"excerpt":{"rendered":" Deze notitie is ook in pdf-format beschikbaar. De verkrijger van onroerend goed is overdrachtsbelasting verschuldigd. Het tarief van deze belasting wordt per 1 januari 2021 verhoogd van 6% naar 8%. Tegelijkertijd wordt het tarief van 2% voor de verkrijging van woningen gehandhaafd, maar wel beperkt. Daarnaast wordt voor starters op de woningmarkt […]<\/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-997","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/997","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=997"}],"version-history":[{"count":0,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/997\/revisions"}],"wp:attachment":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media?parent=997"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/categories?post=997"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/tags?post=997"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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