Netherlands: UBO exemption reporting to tax authority
The DFEI has identified a gap in access to Ultimate Beneficial Owner (UBO) exemption data held by the Dutch Chamber of Commerce (KvK). As a result, exempt companies may receive incorrect compliance notifications relating to UBO registration. This issue arises due to the lack of integration between the KvK’s internal exemption records and the public UBO register accessible to DFEI. The Dutch Ministry of Justice has not yet established a unified process to resolve this discrepancy. Until further guidance is issued, interim procedures apply. The update affects listed Dutch companies and their wholly owned subsidiaries and Dutch subsidiaries of listed foreign companies that qualify for UBO reporting exemptions.
Key changes and requirements
Companies that are exempt from UBO registration, including listed public and private limited companies and their 100% subsidiaries, are recommended to ensure their exemption status is formally recorded with the KvK using the designated exemption form and inform the DFEI. Although these companies are not required to submit standard UBO information, they must maintain internal documentation supporting their exemption status.
Due to system limitations, exempt companies may receive compliance notifications from DFEI indicating missing UBO information. In such cases, companies must respond directly to the notification and provide evidence of their exempt status, following the instructions included in the correspondence. There is currently no mechanism for proactively notifying DFEI of an exemption other than the above-mentioned interim approach.
This interim approach will remain in place until the Dutch Ministry of Justice introduces a formal process for sharing exemption data between authorities. Companies should be prepared to manage and respond to notifications as they arise and ensure their exemption documentation is accurate and readily available.
How can we help?
Computershare can support companies in confirming their eligibility for UBO exemption and in preparing the required supporting documentation. We can assist with filing exemption forms with the KvK and DFEI and managing responses to compliance notifications from DFEI. Our team can also help monitor developments in reporting procedures and maintain ongoing compliance through our GEMS platform.
Contact: Please contact your dedicated Computershare Relationship Manager or send an email to #GLCGSGECNetworkManagement@computershare.com for more information about how Computershare may assist you in responding to these new requirements.
Disclaimer: This notice is provided by Computershare for general informational purposes only and is not intended and should not be construed as legal, regulatory, financial or tax advice. Computershare is not licensed or authorized to practice law in any jurisdictions and hence does not provide any legal advice and it does not hold itself out as doing so. Neither Computershare nor any of its affiliates or contributors accept any responsibility or liability for the quality, accuracy or completeness of any information contained in this notice. It is important that you seek independent professional advice relating to the subject matter of this notice before relying on it.