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Permanent establishment in the Netherlands

Your company is based abroad and has an office, people or a project in the Netherlands. Whether that is a permanent establishment decides whether you pay Dutch corporate income tax. It also affects your VAT registration and payroll.

We check whether you have a permanent establishment

A written conclusion for corporate income tax and VAT, with the registrations and returns that follow from it.

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Frequently asked questions

Does selling to Dutch customers create a permanent establishment?

Not by itself. Selling from abroad, without an office, staff, a dependent agent or a long project in the Netherlands, does not create one. A warehouse used only to store and deliver your own goods can fall under the exception for preparatory or auxiliary activities, but not when storage and delivery are the core of your business.

Is a branch registered with the KVK always a permanent establishment?

Not necessarily. The KVK registration and the permanent establishment for tax are separate questions. An office where your staff carry on the business is a typical permanent establishment; a place used only for preparatory or auxiliary work is not.

When is the corporate income tax return due?

Before 1 June of the following year for a calendar financial year, or within five months after the end of a different financial year. An extension can be requested; online, up to 1 November.

When does a construction project become a permanent establishment?

After the period in the tax treaty: twelve months in most Dutch treaties, sometimes three, six or nine months. Without a treaty, when it lasts more than twelve months.

Does a permanent establishment pay dividend tax when it transfers profit to the head office?

No. The Netherlands levies no withholding tax on profit that a permanent establishment transfers to its head office. A Dutch BV (private limited company) does in principle withhold 15% dividend tax when it pays a dividend.

Can a loss of the permanent establishment be carried over?

Yes. A loss from Dutch income can be set off against the Dutch income of the previous year and of later years, under the same rules as for a Dutch company (Article 17(2) and Article 20 of the Dutch Corporate Income Tax Act 1969).

How is double taxation of the permanent establishment's profit avoided?

The country where your company is established can exempt the profit or credit the Dutch tax against its own tax. Which method applies follows from the tax treaty and the rules of that country.

Tell us what your company does in the Netherlands: premises, people, contracts and projects.

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