Real estate transfer tax is levied on the acquisition of both the legal and the beneficial ownership of real estate (e.g. land and houses) situated in the Netherlands. In most cases, a deed is drawn up upon the transfer of the real estate by a civil law notary who invoices the tax payable and remits it to the Dutch Tax and Customs Administration (DTCA).
The tax is computed at a rate of 6% of the fair market value of the property (or, if higher, the sales price) and is payable by the transferee. A disposal of shares of an entity having 70% or more assets consisting of Dutch real estate whereby the acquirer together with related parties obtains an interest of one third or more in the entity may also be subject to tax. The law provides for certain exemptions from this tax, in particular with respect to mergers and other reorganizations or transfers between related companies.