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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