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Netherlands – UBO Exemption Reporting to Dutch Tax Authority (Belastingdienst)
The Dutch Tax Authority (Belastingdienst) currently lacks access to the Dutch Chamber of Commerce’s (KvK) internal list of UBO-exempted entities, resulting in compliance notifications being incorrectly sent to exempt organizations.
This situation requires affected entities to manually communicate their exemption status to Belastingdienst until official procedures are established by the Dutch Ministry of Justice.
Affected Entities
The UBO reporting exemptions specifically apply to listed BVs and NVs (Dutch public and private limited companies) and their 100% subsidiaries. These entities are not required to submit standard UBO registrations but must follow specific exemption procedures.
Current Process
The complexity arises from the KvK’s dual system structure. The KvK maintains an internal list of UBO-exempt entities that is not accessible to Belastingdienst.
Simultaneously, they operate a public UBO Registry that Belastingdienst can access, where exempt entities appear with blank registrations.
This system separation leads Belastingdienst to incorrectly identify exempt entities as non-compliant during routine checks.
Compliance Requirements
Exempt entities must submit their exemption status through a special KvK form while maintaining comprehensive internal assessments and supporting documentation. When Belastingdienst issues a compliance notification, organizations must respond with appropriate proof of their exemption status following the specific instructions provided in the notification.
Interim Procedures
Currently, no unified procedure exists for proactively notifying Belastingdienst about UBO exemptions. Organizations can only respond to compliance notifications as they are received, following the reporting instructions provided at that time.
This temporary process will remain in effect until the Dutch Ministry of Justice establishes official procedures for managing UBO exemptions.
How Mercator® by Citco (Mercator) Can Help
Mercator assists organizations in managing their UBO exemption communications with Belastingdienst and provides comprehensive guidance on compliance requirements.
Our team ensures proper documentation and timely responses to regulatory notifications. For support with UBO exemption matters, please contact mercator@citco.com.
