Holland economically stable , long time and is the center of international trade - a place of business activity of many international companies . Geographical location of the country on the European continent also creates favorable conditions for travel in leading European cities : Paris, London , Berlin and Brussels are from her only an hour flight.
Why the Netherlands ?
Today it is a developed industrial country with high-tech intensive farming export-oriented . Therefore, the traditional interest for Russian entrepreneurs is exported from Holland various foods , flowers and beer. However, a variety of electronic technology , perfumes , medicines , industrial and agricultural equipment Holland also have a solid reputation , and despite the relatively high prices , are in steady demand .
In the last 2-3 years , Russian entrepreneurs actively organized in the Netherlands own production ( primarily high-tech ) , as well as marketing and distribution centers . The latter provide free access to the largest trans-European trading companies based in Belgium and Luxembourg financial centers . Buy Dutch real estate firm opens and then obtain a residence permit .
After five years of legal residence in the country of the investor has the right to obtain citizenship .
However, Netherlands - is primarily attractive and solid holding jurisdiction with existing treaties on avoidance of double taxation concluded with many countries . Tax legislation provides holding companies registered in the country , the following advantages:
• tax- exempt income from equity investments in subsidiaries and dividend withholding (applies to EU countries );
• tax on interest at source will be charged ;
• royalty tax withholding will be charged ;
• extensive network of treaties for the avoidance of double taxation;
• opportunity to consolidate a group of companies for tax purposes ( so-called Fiscal Unit).
Dutch companies are successfully engaged in the management of Russian assets ( the most famous example - Dutch Pyaterochka Holding NV, which wholly share in operating units of the " Roundabout ").
Dutch law does not provide any specific rules regulating the activities of foreign investors. Equally absent and any specific restrictions on them . Dutch participation in the newly established enterprises , whether they own property or office , is not mandatory. In addition, any foreign company established under the laws of his country, can freely engage in business in the Netherlands through personal Dutch branch . Individual entrepreneurs and foreign companies can enter into a partnership or business relationship with Dutch companies or individual entrepreneurs .
The discreet charm of the Dutch holdings
Holland is difficult to attribute to offshore areas : corporate income tax - 35 % , income tax can be up to 60%. At the same time, some features of the taxation of the Dutch holding companies , as well as an extensive system of tax treaty between the Netherlands and other countries allow businessmen to build various schemes that optimize financial flows of large holdings .
In particular this applies to optimize the taxation of dividends (and other income from equity ) transferred subsidiaries to the parent Dutch . From the tax-exempt dividends accrued in favor of Dutch companies or companies - residents of the EU. How to achieve this ?
If the subsidiary is not a resident of the EU, for the exemption from taxation is necessary to :
• Dutch company owned stake ( participate) , the size of which is not less than 5 % of the nominal issued and paid-up capital of the subsidiary. By the way, in some cases, the Dutch Ministry of Finance special decision qualifies as a participation in the mastery of the Dutch legal entities not holding stake and share in partnership subsidiary , etc. With respect to this norm correspond Russia JSC and JSC , to a lesser extent , LLC ( with regard to the latter, in 1995, the Dutch Ministry of Finance confirmed by special resolution that the Russian TOO this rule applies . Ltd. Since the form - legal successor LLP , the rate applies to the Company );
• companies whose shares are owned by a Dutch holding company, did not apply to the so-called cash-box companies ( property of such companies consists mainly of highly liquid assets , such as bank deposits ) .
If the subsidiary - a resident of the EU, for the exemption from taxation is necessary to :
• Dutch holding company owned not less than twenty five percent of the share capital of the subsidiary ;
• subsidiary ( at home ) not subject to any special tax regime.
Another advantage of the Dutch holdings : according to the law of the country in the payment of the Dutch company loan interest or royalties of the non-resident tax is not charged or charged at a reduced rate (2-7 %). Now the Netherlands has concluded more than sixty treaties on avoidance of double taxation with foreign states . So , now is an agreement between Russia and the Netherlands from 12.16.96 "On the avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income and property ."
Tax optimization schemes in the international holding company with the help of the Dutch company could be next.
Company A leading trading business in one of the European countries with a fairly high level of taxation. Optimization goal - as efficiently as possible for the owner regularly translate financial results of Company A in its offshore company B. For this businessman registers in Holland company C. So, the company provides a loan of C, which in turn produces a similar loan European company A. Then with the necessary frequency businessman Company A pays interest on the loan Dutch company S. pay interest tax at A are not subject , in addition, their sum And can reduce taxable income. Further, the Dutch company C will pay interest on the loan offshore company B. As a result virtually no part of the profits tax A European company is legally in offshore . It should be noted also that a similar scheme can be implemented in practice and with a license agreement.
To check the availability of tax optimization entrepreneur can make a request to the Dutch tax authorities . The request should contain information about the company, as well as a group of companies of which it is part . Important condition for confirmation of tax exemption - the so-called demand "thin capitalization" : at least 15 % of the cost of participation in the foreign company must be paid by the Dutch holding company of its own funds.
Dutch investment in real estate
In addition to successful investing , buying real estate in the Netherlands for a Russian businessman - is the ability to obtain a residence permit in the country to increase the prestige in the eyes of European business partners and banks (which allows the use of various mortgage instruments and commodity loans ) .
Real Estate in Holland for the past 30 years has grown steadily in price (up to 5 % per year) . Income from the sale of an individual estate is not taxed . The rate of profit in property letting ( as a percentage of the total value of real estate in the year) is 12 % - for houses and apartments , 8-10 % - for offices , 9.8 % - for shops and shopping centers, 9 - 11% - for industrial buildings . For business , this means opening his own company and office in the country, which is the center of world trade, direct contacts with manufacturers and suppliers .
Average price of a city apartment area of 50-100 square meters is 56-90 thousand dollars. In small towns , the figure is 15-20% lower in the major Dutch cities ( Amsterdam, Rotterdam , The Hague ) - 10-50 % higher. Two-or three-storey townhouse of 120-200 square meters will cost 90-120 thousand dollars.
Russian investor must take into account that the value of the Dutch real estate affected by the following factors :
• location ( ceteris paribus more expensive and attractive for investment property would be in the prestigious Amsterdam, Utrecht, the student , the port of Rotterdam , the informal capital of Holland, The Hague , in the seaside resort of Scheveningen , in the border with Germany Venlo and Eindhoven in the industrialized and so d );
• year of construction of the building and its technical condition , the material from which the house is built , etc.;
• possible return of the object in the case of putting it into rentals.
After buying an apartment owner can get under her pledge loan to 42-58 thousand dollars or rent . Realtor services firm will cost the buyer in 1.5-2.2 % of the purchase price of the object. Tax on real estate acquisition by 6% . Notary fees and expenses of paperwork - 0.7-1.5 %. If an investor decides to get credit for the purchased property , the realtor will request up to 1% of the loan amount . Bank fee for opening a mortgage of 1.5% of the loan amount .
