Acquiring only legal ownership of shares in real estate legal entities charged with transfer tax

On Friday, April 9, 2021, the Supreme Court ruled that transfer tax is payable for the acquisition of shares in a ‘real estate legal entity’, even if it only concerns the acquisition of the legal ownership of the shares that is not accompanied by any economic interest in the shares and / or the underlying real estate. The Supreme Court bases its judgment on a formal interpretation of the term ‘interest’ in the Law on taxation of legal transactions and thus judges differently from Hof ​​’s-Hertogenbosch that on 24 January 2020 attributed an economic meaning to the term’ interest.

Source Meijburg



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