On 20 April, the Minister for Housing and Spatial Planning announced relaxations for private real estate investors in a letter to Parliament. This requires an amendment to the Affordable Rent Act (‘Wet betaalbare huur’) [1]. The aim is to allow higher rents within the Dutch rent points based system.
The announced changes include:
The intended implementation date is 2027. For the extended rent surcharge for new build properties, this is 2028. These changes will only take effect if both Houses of Parliament approve them.
"}},{"componentType":"sectionTitle","title":"Focus on the interest deduction limitation in property BV structures"},{"componentType":"paragraph","richBody":{"value":"A private real estate company has recently taken legal action against the so called earnings stripping rule. This measure limits the deductibility of interest for corporate income tax purposes and applies, among others, to property BVs. The rule restricts the annual deduction of net interest expenses. Deduction is limited to the higher of 24.5% of EBITDA or €1,000,000.
In the above mentioned letter to Parliament of 20 April, the Minister stated that the effects of this measure on property companies will be examined. Based on this analysis, the government may take further action. It is advisable to discuss at an early stage with your tax adviser whether your financing structure still fits within the current and possible future tax rules.
"}},{"componentType":"sectionTitle","title":"Vacancy levy imposed by municipalities"},{"componentType":"paragraph","richBody":{"value":"Municipalities may now introduce a tax on vacant homes. Each municipality decides independently whether to introduce such a levy and at what level. As a result, the impact differs per municipality. It is therefore important to take local regulations into account in your considerations. Further information can be found in the Real Estate Sector Update.
"}},{"componentType":"sectionTitle","title":"Permit requirement when purchasing a subdivided property"},{"componentType":"paragraph","richBody":{"value":"Are you considering buying a subdivided property? If so, it is important to check whether a valid permit was issued for that subdivision. This follows from a ruling of the District Court of The Hague in March [2]. In this case, a private individual purchased a subdivided apartment. After completion, it turned out that no environmental permit had been issued. Subdividing a property without a permit is prohibited, as is maintaining such a situation. As a result, the buyer was ordered to pay a penalty. The court ruled that this was justified. As a buyer, you have a duty of investigation. This goes beyond the physical condition of the property and also includes the required permits.
"}},{"componentType":"sectionTitle","title":"Family owned real estate businesses: tax pressure increases on transfer"},{"componentType":"paragraph","richBody":{"value":"At the end of March, PwC published a study [3] on the tax consequences of business transfers within family owned real estate businesses. The study looked at the abolition of the business succession regime and the rollover relief as from 2024.
According to the study, this may increase the tax burden to:
In practice, sufficient liquidity to pay these taxes is often lacking, as the assets are usually tied up in the business.
It is therefore advisable to seek timely advice from a tax advisor. The specialists at ING Private Banking are pleased to provide guidance on your wealth allocation, family structure, and the processes involved in preparing for and completing the transfer of your business.
"}},{"componentType":"paragraph","richBody":{"value":"[1] The Affordable Rent Act (as from 1 July 2024) regulates rent levels from homes with up to 186 points (approx. €1,123 per month) through the mandatory Housing Valuation System (WWS).
[2] See also: ECLI:NL:RBDHA:2026:6616, Rechtbank Den Haag, SGR 22/1841 en 22/6697.
[3] Study PWC (in Dutch): overbelaste-overdracht-familievastgoedbedrijven-2026.pdf
"}},{"componentType":"accordion","accordionList":[{"title":"Based on the situation as of 28 April 2026","richBody":{"value":"The information provided by ING in this article is not an offer, advice, or financial service and is intended solely to inform and provide practical tips. We recommend consulting a specialist for your financial and/or wealth planning. While this article has been compiled with the utmost care, inaccuracies or omissions may occur. ING is not liable for any damage (of any kind) resulting from the use of the information provided. No rights can be derived from this information. Any rates mentioned are indicative and not binding for ING. All rights and changes reserved. This is a publication of ING Bank N.V., registered in Amsterdam.
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