At Taxand, we have extensive experience in dealing with the financial and tax requirements of family-owned businesses, corporate leaders and high net worth individuals.
Our Private Clients Services team holds a unique position in the Dutch market. Comprised of top tax advisors and estate planners, our team works together to provide tax advice to family-owned businesses, director and major shareholders, associations and foundations, and the like. The team also advises high net worth individuals in the structuring or restructuring of their business and the transfer of business to the next generation in the family. The interests of the company and the requirements of the individuals behind the company provide the focus and are combined with an in-depth knowledge of fast-changing tax legislation and regulations.
Our assistance can be in the area of:
Advice and support of family-owned businesses and director and major shareholders
A family business is confronted with a multitude of tax aspects from its very beginning. With our tax advisors’ support you will have nothing to worry about and will be able to concentrate on carrying out your business. Experts will offer you support in every aspect of tax, and guide you through the web of legislation and regulation. And should you consider starting business activities abroad, you can rely on expert guidance from our Private Clients Services team.
Support in tax-efficient business succession
If you have built up a business and you would like one or more of your children to continue it, our business transfer specialists can advise and guide you in making this transfer tax-efficient, analysing the transfer with respect to the application of tax facilities. Where necessary or required, the transfer is carried out in liaison with the tax authorities. We are also more than happy to support you if you would like to remain involved and retain control of the business.
Estate planning – protection of assets and transfer to the next generation
When transferring your assets, either during your life or at death, tax plays an important role. The transfer of assets may involve complex tax issues and capital transfer can moreover be subject to taxation either for yourself or for your beneficiaries. Our Private Clients Services team will expertly support you in planning the best tax-effective and tax-efficient transfer of your accumulated assets, whether they be for your partner, the next generation or for charity.
It may be that in such cases you wish to establish a management trust solution such as a family fund. This would then ensure that you retain control or part-control of the transferred assets. In a family fund, the appreciation from the invested assets goes to, for instance, your children and you act as fund manager. Based on your personal interests and financial goals, our experts can also assist you with issues concerning prenuptial agreements and with drawing up a will.
Support in the tax aspects of a divorce
The dissolution of a marriage or registered partnership not only has personal consequences but also, sometimes significant, fiscal consequences. We can support you in dealing with the effects of such issues as the division of a business, the change in the tax situation of an owner-occupied property, alimony, and the settlement of a setoff clause.
Emigration and remigration
If you are considering emigrating or remigrating to the Netherlands, we can help you gain insight into the tax implications of your move. We will guide you expertly and step-by-step through the tax formalities of both countries, and analyse the effect on both your current tax and financial situation and on the plans you have. An important point of attention in this field is the consequences for a business and director and major shareholder.
We have extensive experience with migration in relation to Belgium, Germany, the UK, France, Spain, Portugal, Switzerland, the US and Canada.
Support to public benefit organizations and charities
There is tax legislation to make it easier to make a donation or gift to public benefit organizations (PBOs). If you are considering establishing a PBO, we can provide the necessary tax support and ensure that you satisfy the conditions laid down in tax law to qualify as a PBO. In addition, we advise on how to best structure capital transfer to, for instance, existing charities.
Support to associations and foundations liable to tax
Associations and foundations carry tax obligations if and insofar as they are run as a business. There may also be obligations in terms of income tax and national insurance contributions and tax liability for inheritance and gift tax.
Our experts develop an overview for you of your tax position, and if necessary, we can obtain assurance from the tax authorities on whether or not the association or foundation is subject to corporation tax.
Guidance with tax audits or letters of questions from the tax authorities
Interpretation of current legislation and regulations may lead to discussion between the taxpayer and the tax authority. These discussions may relate to the use of a tax facility, but it may also be that a taxpayer does not agree with a particular appraisal charged by the tax authority. A discussions or dispute may also be a result of a tax audit of the taxable person by the tax authority.
The Private Clients Services team experts support and advise you on your obligation to provide tax information. In addition, our experts can guide you through any differences in opinion with the tax authorities and consult on your behalf with the tax authorities so as to reach a settlement of the dispute. If necessary, our team will support you through an appeals procedure or if the case goes to tax court.
Voluntary disclosure on tax returns for foreign assets
Many taxpayers with foreign capital such as bank accounts, trusts and property have already made use of the voluntary disclosure scheme so as to fulfil their tax obligations, albeit at a later date. In our experience, the tax authorities are cooperative and take a constructive approach in establishing the obligations to be met if the voluntary disclosure scheme is made promptly.
We have extensive experience in supporting taxable persons in their application for the voluntary disclosure scheme and advising those who would like to consult with the tax authorities about any, possibly wrongly, undeclared assets.