'Pension BV' and emigration

2 November 2011

You can build up pension rights by setting up your own insurance company if you are a director-major shareholder of a company in the Netherlands. One of the big advantages in setting up your own Pension BV is that the pension funds can be loaned to your other companies under at arm’s length (businesslike) conditions. The Pension BV operates as your own insurance company for building up your pension rights.

Since 2010 it is possible to emigrate your own Pension BV within the European Union or European Economic Area without taxation of the pension funds controlled by your Pension BV. Before the Pension BV had to domicile in the Netherlands and could not be moved to a foreign country.

Nowadays it is also possible to transfer the pension funds to a foreign company. For example you can set up your own GmbH as a Holding company and use this to build up your (Dutch) pension rights.

In the Netherlands you are only obliged to inform the Dutch Tax Administration (‘Belastingdienst’) if they have any questions. You need to sign an agreement with the Dutch Tax Administration for getting the permission to emigrate your Pension BV.

If you are interested in emigrating your Pension BV to another country within the European Union or European Ecomic Area, please contact us for a consultation appointment.