Real Estate

At HVK Stevens we avail over a vast amount expertise concerning Real Estate in the field of civil law, notarial law and tax law. As we work in multi-disciplinary teams we are able to provide you with a comprehensive array of services, both (Dutch) national and international in almost all phases of your Real Estate ownership and / or use. Furthermore our specialists have extensive experience on real estate transactions, project development, national and international acquisition structuring, project financing, lease transactions and much more.

Acquisition and development

Our specialists at HVK Stevens assist both national and international stakeholders with the composition, review and negotiations of Real Estate contracts of all sorts. The Real Estate Team can take care of a multitude of services for you such as drafting your LOI’s, (coordination of) due diligence projects, drafting and negotiations of SPA’s, drafting and elaboration of security and financing documentation, the arranging of the closing, etc.

Real estate transfer tax and VAT

The transfer of Real Estate within your group of companies or the sale thereof to third parties is generally subject to Real Estate Transfer Tax (RETT) and or VAT. The Real Estate Team is the mainstay and backbone of its clients for these (often combination of) taxes. Especially in the event of a transformation project from commercial to residential property or vice versa. Also the short term exploitation of your Real Estate can require encompassing assistance the Real Estate team can provide you with, for instance in structuring short-stay rental solutions.

Sustainability and energy transition

As per January 1st 2023 all office buildings in the Netherlands with a gross floor space of 100 m2 and up are required to have a so called energy label category C or higher. As from 2050 office buildings are even required to be energy neutral. HVK Stevens is happy to assist you with the timely registration and filing for energy subsidies (EIA, ISDE, SDE+, MIA and VAMIL) as to comply with the minimum requirement of a C label.

Anonymisation

Due to recent national and international developments the general public can easily access (Chamber of Commerce) databases and the upcoming UBO register. The HVK Stevens team can however assist you in setting up your real estate structure such that the general public is still kept in the dark, but still fully disclosing all necessary information to the relevant authorities. Therefore you need no longer worry about journalists, nosey neighbours or even malicious parties but can rest assured that the (tax) authorities are kept satisfied.

Real estate and innovation incentives

HVK Stevens avails over vast expertise in the imposition and negotiation of Dutch innovation incentives providing for an effective reduction of your Corporate Income Tax (CIT) rate. The so-called “innovation box” can reduce your CIT burden from as high as 25% down to 7% on specific activities within your organization. Examples of those activities are for instance the utilization of pre-fabricated construction elements or the development of software for the streamlining of building processes. The extent of the innovation is evaluated within your organization, not if other external parties already make use of it. The HVK Stevens innovation box team can assist you with determining the extent of your innovation for tax purposes and can assist with the filing of the so-called WBSO-request.

Real estate and municipal levies

Annually you will receive the so-called WOZ-decision, determining the value of your real estate, in the first quarter of the year. Based on the WOZ value determined in that decision you will be taxed for real estate, sewage and water board tax. Furthermore you could be taxed for other local levies such as building fees for an obtained building permit. The HVK Stevens real estate team has specialized expertise on these individual taxes and levies and can assist in lowering the accompanying tax burden for you.

Structuring

Both national and international reals estate investors take close heed to their return on investment. Such returns can be impaired unnecessarily if the tax and legal structuring of the real estate is not attended to correctly. Examples are the mitigation of real estate transfer tax, VAT, corporate income tax, dividend withholding tax and as from 2021 conditional interest withholding tax. The HVK Stevens real estate team is capable of designing the optimal investment structure for any type of investor.

Tax deductibility

When investing in real estate, leverage by means of financing is essential for higher returns on investment. It is crucial however that interest payments on any loans attracted for the acquisition of real estate are deductible for tax purposes. Depending on the size of your investment, the tax regulations regarding the deductibility of interest vary widely and require a solid (tax) planning. The HVK Stevens team can not only assist you with this planning but also contributes to the development of knowledge at an academic level. We are happy to guide you through this complicated field of possibilities and pitfalls.

Financing and security

The drafting and negotiation of credit and lease agreements is part of the Real Estate Team’s daily routine. Moreover, our notary’s can prepare security documentation such as mortgage and pledge documentation, surety agreements and warranties.

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