RETT for acquisition of legal title of shares in a real estate company

 

The acquisition of the legal title of shares in a real estate company is subject to real estate transfer tax, even if no economic interest to the shares is acquired. This has been decided by the Dutch Supreme Court today, deviating from earlier decisions by the lower courts. The ruling is particularly important for funds with non-substantial investors (<1/3rd interest) that acquire shares in companies holding Dutch real estate.