|
Besloten Vennootschap (BV) *1 |
Naamloze Vennootschap (NV) *1.1 |
Branch |
Company law |
Burgerlijk Wetboek Art. 2:175 BW |
Burgerlijk Wetboek Titel 4 Art. 2:64 BW |
- |
Company purpose |
free |
economic |
free |
Founders |
1 (minimum) cf Art. 2:175 lid 2 BW |
1 (minimum) cf Art. 2:64 Abs. 2 BW |
main company |
Capital requirements |
18,000 EUR |
45,000 EUR |
- |
Liability |
restricted to the amount of issued and paid up capital |
limited by shares, under certain circumstances personal liability of managing directors possible |
main company |
Costs of incorporation |
see below *2 |
see below *2 |
about 1,000 EUR |
Incorporation |
articles of association + registration with Commercial Registry + notary deed + statement of no objection *2.1 |
articles of association + registration with Commercial Registry + notary deed + statement of no objection *2.1 |
registration with Commercial Registry + notary deed + statement of no objection |
Company name |
free + not identical with or too similar to an existing company. Has to begin or end with the initials BV, or the equivalent words spelled out. |
free + not identical with or too similar to an existing company. Has to begin or end with the initials NV, or the equivalent words spelled out. |
main company |
Formalities |
moderate |
high |
low - moderate |
Credit / funds |
possible |
possible |
possible |
Accounting obligation |
yes |
yes |
no |
Management |
managing board + supervisory board *3 |
managing board + supervisory board *3 |
at least one director |
Nationality |
free |
free |
free |
Image |
very good |
very good |
main company |
Taxation |
CT + PT |
CT + PT |
CT to the extent income is derived through the branch |
|
current profit tax system 2005 |
profit tax plans 2007 |
Company taxation |
|
|
1. Corporate income tax rates (CIT)
Corporate income tax and dividend withholding tax (25%) |
first € 22,689: 27%
above € 22,689: 31.5%
total tax burden 47.858% |
first € 41,000: 20%
above € 41,000: 26.9%
total tax burden 45.175% |
2. Implementation of group interest box |
special group finance tax regime |
no special group finance tax regime. Optional group interest taxed at rate 10%on balance received / paid group interest provided approval European Committee |
3. Loss compensation across the borders, Fiscal unity with foreign subsidiary |
no loss compensation across the borders |
loss compensation across the borders. Court case Marks & Spencer |
4. Participation exemption |
as from 5% of paid and issued capital
less than 5%; in line with company
subsidiary is not a portfolio
taxable in foreign country of foreign subsidiary |
strictly as from 5%
not applicable for less than 5%
portfolios are allowed
real taxable in foreign country of foreign subsidiary; no exemption but tax credit
no deductible losses on new subsidiaries; no deductible liquidation losses subsidiaries |
5. Loss compensation (in general) |
3 years carry back; carry forward no restrictions |
1 year carry back; 8 years carry forward |
6. restricted depreciation on real estate |
depreciations are allowed |
depreciations are allowed down to the real value of the real estate (local value / WOZ) |
7. Egalisation reserve life insurance Co's |
Egalisation reserves are allowed |
no Egalisation reserves are allowed |
8. Restricted private costs deductions |
entrepreneurs / s hareholders: choice € 4,000 or 25% |
including (other) employees, for PIT: choice € 4,000 or 25%, for CIT: 0.4% of total wages expenses |
