In sale and leaseback transactions, companies sell their real estate to an investor and enter into a long-term lease with the new owner.
Continue Reading Improving Liquidity Through Real Estate Sale and Leaseback Transactions
RE-STRUC: Tax Changes as of 2023
As of 1 January 2023, a set of tax changes will be implemented that may affect one’s Dutch tax position. In addition, changes starting in 2024 have also been announced. This blog post provides an overview of the most important changes, with special attention to real-estate-related activities.
CORPORATE INCOME TAX
Tax rates
The Dutch corporate
Every New Building in the Netherlands Must Be (Almost) Energy Neutral Starting Jan. 1, 2021
As of Jan. 1, 2021, all permit applications for new buildings in the Netherlands are being tested against new criteria which aim to ensure that these new buildings are (almost) energy neutral.
Project Developer Entitled to Deduct VAT from Costs Partly Beneficial to Third Parties
In general, a taxable person is entitled to deduct VAT paid on goods or services insofar as those goods and services are used for their VAT taxable transactions. For the taxable person to determine the extent of deductible VAT, there must be a direct and immediate link between the purchased goods and services, and their
Recent ‘Shared-Housing’ Developments in Amsterdam
The topic of ‘shared-housing’ is increasingly becoming of interest for clients who invest in residential real estate portfolios. In short, shared-housing can be described as the use of a residential unit by several people who are using a single room for private use and who share the bathroom and the kitchen (and possibly a living-room) with their co-tenants.
From a legal standpoint, shared-housing defers from letting rooms because of the fact that the landlord does not let out single rooms to each person, but lets out the whole unit to several people under one lease agreement or to one person who is granted the right to sublet single rooms in the unit.
Continue Reading Recent ‘Shared-Housing’ Developments in Amsterdam
Data Centers Stop in Amsterdam and Schiphol Airport Region
The municipalities of Amsterdam and Haarlemmermeer (home to Schiphol Amsterdam Airport) have announced a temporary halt of the realization of new data centers in their region. According to these municipalities, data centers take up too much space and consume too much energy.
Amsterdam and Schiphol are logical locations for data centers for various reasons (e.g.,
Dutch Heating Supply Act Revised: Consequences for Landlords
Introduction
Starting 1 July 2019, the scope of the Dutch Heating Supply Act (Warmtewet) (the Act) will be revised. The revision will have significant consequences for landlords of residential units or business space (including office and retail) who supply heat to their tenants. As of July 1, landlords will be exempted from the
New sustainability clause for ROZ lease agreement office space
As reported in our November 2018 GT Amsterdam Law blog post, use of an office building without a minimum energy label C (an energy index of 1.3 or better) will be prohibited as of 1 January 2023.
In view of this prohibition in the Dutch Buildings Decree, the ROZ (Dutch Real Estate Council) has
Energy Label C Obligation for All Office Buildings in the Netherlands in 2023 (With Few Exceptions)
Introduction
Beginning January 2023, energy labels of the major part of office buildings in the Netherlands will have to be at least in category C, because of an amendment to the Dutch Buildings Decree 2012 (Bouwbesluit 2012), published 2 November 2018. This generally means that owners of office buildings with energy labels from
Right of First Refusal: Please Specify the Scope!
In certain lease agreements we see a right of first refusal to purchase the leased property (voorkeursrecht tot koop van het gehuurde object), to the benefit of the tenant. Disputes may arise between the tenant and the landlord if it is unclear whether a transaction triggers the provision.
Such a dispute occurred between