LiquidationStamrecht BV

Liquidation Stamrecht BV

Until 2014, you could place a severance payment in a stamrecht BV. This was advantageous from a tax point of view, especially because it allowed you to postpone the payroll tax on the severance payment. The establishment of a stamrecht BV was also often seen as a piggy bank to compensate for a future pension shortfall.

Now it may be the case that you want to stop with the stamrecht BV, for example because of the annual administrative obligations/costs or changed personal circumstances. That is possible, the stamrecht BV will then be liquidated and dissolved.

Settling accounts with the Tax authorities

Before you can dissolve the stamrecht BV, the stamrecht BV must settle with the Tax Authorities about the value of the stamrecht obligation (the severance payment as paid to the stamrecht BV in the past). A ‘calculation of the surrender value’ of the tribal right obligation will have to be made. In concrete terms, this means that the stamrecht BV must pay payroll tax to the Tax Authorities on the surrender value of the stamrecht obligation. In addition, it will then have to be checked whether you (or others) have any claims or debts on/to the stamrecht BV.

Does the stamrecht BV still have distributable profits?

If, after the surrender, the stamrecht BV still has undistributed profits, these must be distributed to its shareholder. This profit distribution is better known as a dividend. In 2024 there will be two tax rates. For a dividend of up to €67,000 per person (a total of €134,000 for tax partners) the rate is 24.5%. Above this amount the rate increases to 33%. The dividend received constitutes income for you in box 2 in your income tax return.

What needs to be done to dissolve (liquidate) the stamrecht BV

If you want to dissolve the stamrecht BV, the following steps must be taken:

Calculation of the surrender value of the tribal right obligation;
Withholding and remitting the payroll tax to the Tax and Customs Administration on that surrender value;
Drawing up an agreement in which the surrender of the tribal right obligation is laid down;
Preparation of the annual accounts in the year of dissolution, up to the moment of dissolution: this is almost always a part of the financial year;
If dividends are paid: submission of the dividend withholding tax return and direct payment of the dividend withholding tax to the Tax and Customs Administration;
Holding a Meeting of Shareholders, at which it is decided to dissolve the company, and also to draw up a board resolution to that end;
Notify the Chamber of Commerce with a form that the stamrecht BV has been dissolved;
Submission of a corporate income tax return for the stamrecht BV to the Tax and Customs Administration after the end of the year of dissolution;
As a shareholder, you must keep the accounts of the stamrecht BV for 7 years.

Costs € 1.195,- excl. VAT

If your stamrecht BV has only been used for the management of capital (your severance pay), it is easy to quickly get the money out of your stamrecht BV. There is no need for an extensive liquidation. This rapid dissolution of a stamrecht BV is also referred to as a ’turbo liquidation’: if the stamrecht BV no longer has any assets at the time of its dissolution, it immediately ceases to exist.

If your stamrecht BV can be dissolved via a turbo liquidation, we can carry out all work for € 1.195,- excl. VAT (costs are for the stamrecht BV). All the above-mentioned points listed under ‘What needs to be done to stop the stamrecht BV’ are taken care of for you.

LiquidationStamrecht BV