Taxation and death seem to be unavoidable aspects of life. Generally speaking, taxes are a national issue; and, tax laws change when crossing country borders. For expats, tax consequences differ based on residency status and one’s situation. Residents are taxable on their worldwide income and non-residents on Dutch source income.

In this article, we asked Vincent van Wijgerden about the taxation of non-residents with Dutch source income with a special focus on Dutch real estate.

What Is Dutch Source Income?

Non-residents are taxed on specific Dutch source income, including:

  • Employment income earned in The Netherlands,
  • Business income generated in The Netherlands,
  • Substantial interest ownership in a Dutch limited liability company (BV),
  • Dutch property ownership.

Filing a Tax Return as a Non-Resident

A non-resident must file a tax return if the Dutch government sends a notice to file a tax return or if the non-resident has a tax liability. That is usually the case with property or business income. To file a Dutch income tax return, a tax number is required and may be requested at the larger local municipality. If you intend on staying or are staying more than 4 months in The Netherlands, you must register at your local municipality and a Dutch tax (BSN) number will be issued to you.

Deductions for Non-Residents

Non-residents are generally not eligible for deductions such as:

  • Mortgage interest,
  • Healthcare costs,
  • Gifts,
  • Alimony payments.

However, if you earn at least 90% of your income in The Netherlands and reside in an EU or EEA country, you may qualify for the same deductions as residents, provided the applicable tax treaty permits it. The Dutch tax year equals a calendar year and starts on 1 January and ends on 31 December. A tax return must be submitted before 1 May in the year after the end of the tax year. If you use a Dutch tax consultant, a 1-year extension of filing may be granted to you.

As a non-resident, you are not entitled to certain deductions such as the mortgage interest deduction and other deductions such as for healthcare costs, gifts and alimony payments. However, if you earn at least 90% of your income in The Netherlands and the tax treaty allows taxation of that income, you will be entitled to the same deductions as a regular resident taxpayer provided you live in an EU or EEA country.

Taxation of Employment Income

Non-residents are taxed on employment income based on the number of days worked in The Netherlands if their employer is based in The Netherlands. If the employer is foreign, taxation applies only if you spend more than 183 days in The Netherlands.

For directors of Dutch companies, their director’s salary is fully taxable in The Netherlands, subject to the terms of the relevant tax treaty.

Taxation of Dutch Property

Non-residents are taxed on Dutch property that is not their primary residence.

  • Deemed Rate of Return: The Dutch system calculates a deemed rate of return based on the net property value (property value minus loans) as of January 1 each year. This deemed return is taxed at 36% (2024), using a rate of return set at 6.01%.
  • Actual Income Not Taxed: Actual income, such as rental income or capital gains, is not taxed under this system.
  • Deduction Restrictions: Costs related to property ownership, including as transfer tax, cannot be deducted.

Transfer Tax on Dutch Property

  • Primary Residence: 2% transfer tax.
  • Other Properties: 10.4% transfer tax.
  • Exemptions: First-time buyers under 35 years old purchasing properties valued at €510,000 or less may qualify for an exemption.

A general exemption exists for taxation on savings and investments of 57.000,- euro per person. Taxation will only occur on the net value (assets minus liabilities) if the value of the property exceeds the 57.000 threshold.

As such it is a very simple system of taxation but not always fair. Although the real rate of return may be nil or negative, taxation will still occur using a deemed rate of return. The Dutch Supreme Court ruled this year (2024) that the Dutch tax authorities must use the real rate of return instead of the deemed rate of return if the real rate of return is lower than the deemed rate of return. To calculate the real rate of return, rental income and unrealized capital gains during the tax year must be taken into account. Costs may not be deducted in this calculation. If the real rate of return is higher than the deemed rate of return, the Dutch tax authorities must use the deemed rate of return. A rate of return in excess of the deemed rate of return is therefore beneficial from a tax perspective.

Special Considerations for Rental Properties

If a property is rented out under a long-term contract with tenant protections, a discount on the property value may apply for tax purposes.

To avoid double taxation on Dutch property, relief of double taxation will be granted in the country of residency of the taxpayer provided a tax treaty exists between the country of residency and The Netherlands. The tax treaty allows the country in which the property is located the right to tax including taxation of income and capital gains. At the same time, the country of residency of the taxpayer will need to exempt the rental income and any capital gains.

Vincent van Wijgerden is Sr. Tax Consultant and co-founder of GVN International Tax Services. He has a degree in Tax Law (with a focus on International Tax Law) from the University of Maastricht and a Masters degree in European Law from Leiden University. He has over 10 years of work experience in the field of taxation. You can contact Vincent via Tel: +31 (0)418 54 10 58 or Mail: info (@) expattaxes.nl