Why This Update Matters

On July 1, 2025, the Ministry of Finance issued a new decree refining the rules on VAT deduction. While this may sound like another layer of fiscal complexity, for entrepreneurs running micro and small companies, it is actually a critical update. The changes clarify how you can, and cannot, recover input VAT, especially if you deal with capital goods, share transactions, or mixed-use assets.

This update is not a complete rewrite of the law but a fine-tuning based on new court rulings, policy shifts, and the need for clearer wording. In practice, however, it can change how you manage your books, how you classify purchases, and how you prepare for possible audits.

2. The Core Principle, Direct and Immediate Link

Your right to deduct VAT depends on whether the goods or services you buy are directly linked to taxable business activities. This link must be clear and demonstrable.

• If you buy something exclusively for your VAT-taxable activities, you may fully deduct the VAT.
• If it is used for both economic activities (your business) and non-economic activities (private use, exempt transactions), you must calculate the deductible portion using a pro rata method.
• The decree stresses that your calculation method must be objective and realistic, not an estimate made to “fit” your desired deduction.

For small businesses, this means you need to document your reasoning and keep evidence that supports the link between purchase and business use.

3. Capital Goods, Longer Review Periods, Bigger Risks

Capital goods have their own rules and longer review windows:

• Immovable property (real estate): review period of nine years after purchase.
• Movable property (machinery, vehicles, equipment): review period of four years.

This review period allows the tax authorities to adjust your past VAT deductions if your use of the asset changes over time.

Example:

If you buy a van for business but later use it privately more often than expected, you may have to repay part of the VAT deduction, years after the purchase.

4. Shares and Financial Transactions, Special Treatment

The decree now integrates rules for share transactions, clarifying when they fall inside or outside VAT scope:

• If selling shares is an ancillary financial transaction, the VAT impact can remain outside the pro rata calculation.
• For share transactions, the location of the purchaser is determined by the stock exchange location.

For entrepreneurs who occasionally buy or sell shares, perhaps as part of a holding structure, this is a detail worth noting, as it can influence your deduction percentage.

5. Special Situations: Partnerships, Public Transport, and Vacant Real Estate

The decree also grants specific approvals in certain cases:

• Partnerships: clarified treatment of cost-sharing and joint activities.
• Public transport passes for employees: rules for deducting VAT on these expenses are integrated.
• Vacant real estate: VAT deduction is allowed only if you can prove, with objective evidence, that you intend to use the property for taxable purposes.

For micro and small companies, this last point is particularly relevant if you own property waiting for a tenant or sale, without proof of intended taxable use, you risk losing the deduction.

6. Practical Implications for Small Businesses

If you are a micro or small entrepreneur in the Netherlands, here’s what you should take away:

1. Keep detailed purchase records showing the link between expense and business use.
2. For mixed-use items, apply and document a clear, fair allocation method.
3. Track capital goods carefully for the entire review period to avoid nasty surprises later.
4. Understand share transaction rules if your business structure involves them.
5. Collect objective evidence when claiming VAT on vacant property or special cases.

7. Prevention Is Cheaper than Correction

In my experience, most VAT disputes don’t come from deliberate errors but from assumptions without evidence. This decree makes it clear: the tax authorities expect you to think ahead, document your reasoning, and be ready to defend your VAT deduction years later.

For small entrepreneurs, the safest strategy is to treat VAT deduction as a managed process, not a one-off calculation. The cost of getting it wrong is often far greater than the time invested in getting it right from the start.