Dutch Entrepreneurs Beware: Your ‘Dormant’ BV Could Trigger a VAT Nightmare (Even If You Do Nothing)

For All Dutch Micro-Entrepreneurs: Your VAT Number Is Not a Toy

Let’s cut straight to the chase: if you run a micro or small business in the Netherlands and you’ve ever thought, “Ah well, we’re just a holding,” or “We don’t really do anything active,” then this article is your friendly wake-up call.

A recent ruling by the Amsterdam Court of Appeal should be printed and pinned above every Dutch entrepreneur’s desk. It confirmed what some of us in the tax and compliance trenches have known (and feared) for a while: simply using a VAT number, even without running actual operations, can make you liable for VAT, and the penalties aren’t light.

Let’s unpack this clearly, without jargon or panic.

What Happened? A Cautionary Tale

A Dutch BV, registered since 2009 as a holding company with no real business activity, had a VAT identification number. From 2016 to 2020, it received legal services from foreign providers. Those providers didn’t charge VAT because the BV gave them its Dutch VAT number, triggering the reverse charge mechanism. Which means the BV itself had to declare and pay that VAT to the Dutch Tax and Customs Administration.

But the BV didn’t. No filings, no payments.

The Tax Authorities noticed, investigated, and imposed not just retroactive VAT assessments, but also penalties. The BV argued it wasn't a real entrepreneur, had no business activity, and shouldn’t have been given a VAT number in the first place.

The court disagreed, strongly.

The Verdict: VAT Entrepreneurship Starts with Your VAT Number

The Amsterdam Court confirmed: if you have a VAT number and use it, that alone makes you a VAT entrepreneur for certain obligations.

Even if:

• You don’t sell anything,
• You don’t render services,
• You don’t generate turnover.

If you give that number to a foreign supplier, you're in the VAT game. No way around it.

The court did reduce the fine slightly due to the BV’s inexperience and the time the case dragged on, but the core ruling stayed firm: the moment you use a VAT number, you’re on the radar.

Why This Matters to You (Yes, You)

This isn’t some obscure corporate case. If you:

• Run a micro-BV with minimal or no operations,
• Have a dormant entity with a VAT number still listed,
• Use foreign services (consultants, software, legal advice),
• Or simply left your VAT number on autopilot…

Then this is about you.

As an entrepreneur, even passivity can create obligations. You might think you're "doing nothing", but if your VAT number is floating around, you're playing with fire.

Linda’s Straight-Talk Checklist

Here’s my list, practical and Dutch as a good cup of koffie verkeerd, for any business owner with a VAT number:

1. Audit your VAT number usage.
   Is it being used in any contracts? On invoices? Provided to suppliers? Hidden in some onboarding form from five years ago?
2. Do not use a VAT number casually.
   Giving it to a supplier, especially foreign, is not a neutral act. It has consequences.
3. Declare reverse-charged VAT.
   If you receive services from outside the Netherlands and the supplier reverse-charges the VAT, you must declare and pay it. No exceptions.
4. Don’t assume inactivity equals safety.
   The court just proved that an inactive BV can still generate VAT risk.
5. Don’t wait for the Belastingdienst to “warn” you.
   They don’t have to. The court clearly rejected this line of defense.

One Final Thought

I work with micro-entrepreneurs every day. Most of you aren’t tax dodgers or crooks. You’re overwhelmed, focused on building value, and often unaware of how rigid the Dutch tax system can be.

But ignorance isn’t innocence. The system doesn’t reward good intentions, it responds to structure, filings, and flags.