Netherlands · Corporate tax

Dutch Corporate Income Tax Act 1969 (Wet op de vennootschapsbelasting 1969) in English

The Dutch corporate income tax act in full, as in force from 1 January 2026: tax liability, profit determination, the participation exemption, fiscal unity, interest limitations, rates and transfer pricing documentation. Full English translation with the official Dutch under every paragraph.

In force, version of 1 January 2026170 articles in 9 partsDutch originalOfficial text: wetten.overheid.nl

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Official title
Wet van 8 oktober 1969, houdende vervanging van het Besluit op de Vennootschapsbelasting 1942 door een nieuwe wettelijke regeling (Wet op de vennootschapsbelasting 1969)
In English
Corporate Income Tax Act 1969 (“Wet Vpb 1969”)
Published
Staatsblad 1969, 445
Articles
170 articles in eight chapters, 18 of them repealed
Version translated
Consolidated text valid from 1 January 2026 (identifier BWBR0002672), the version in force on 30 October 2026
Rates in this version
19% on the first €200,000 of taxable amount, 25.8% above (Art. 22)
Related acts
Dividend Tax Act 1965, Withholding Tax Act 2021, Minimum Tax Act 2024 (Pillar Two), General State Taxes Act
Authentic language
Dutch
Official source
wetten.overheid.nl

The text in 9 parts

Arts. 1–6cTax liability and exemptions

Which entities pay Dutch corporate income tax, the incorporation rule, reverse hybrids, and the exemptions for pension funds, public bodies and others. 10 articles.

Arts. 7–12abisTaxable amount and general rules on profit

Taxable amount, the arm’s length principle and the 2022 mismatch rules, non-deductible costs, interest limitation for tainted related-party debt, and other profit rules. 24 articles.

Arts. 12aa–12cHybrid mismatches and the innovation box

The ATAD 2 hybrid mismatch rules, the innovation box for profits from qualifying intangibles, and the group interest box. 16 articles.

Arts. 13–13lParticipation exemption

The 5% participation exemption, the portfolio-investment tests, CFC rules, valuation of low-taxed portfolio participations and liquidation losses. 18 articles.

Arts. 14–14cBusiness mergers, divisions and legal mergers

Tax-neutral business mergers, legal divisions and mergers, and the tax-free return of a business from a BV to its owner. 5 articles.

Arts. 15–15aFiscal unity

Tax consolidation of a parent and its 95% subsidiaries: conditions, joining and leaving, losses and the anti-abuse rules. 16 articles.

Arts. 15b–16Earnings stripping, exit tax and the object exemption

The earnings-stripping rule (24.5% of EBITDA or €1 million), minimum capital for banks and insurers, final settlement on emigration, the object exemption for foreign permanent establishments, and gifts. 18 articles.

Arts. 17–27Non-residents, losses, rates and levy

Taxation of non-resident companies, loss relief, the 19% and 25.8% rates, the participation credit, and how the tax is levied. 22 articles.

Arts. 28–39Special regimes, transfer pricing documentation, anti-abuse

Fiscal and exempt investment institutions, transfer pricing documentation (master file, local file, country-by-country report), the general anti-abuse rule and transitional provisions. 41 articles.

In short

  • NVs, BVs, cooperatives and other entities established in the Netherlands are taxed on their worldwide profit; an entity incorporated under Dutch law is always deemed established in the Netherlands (Art. 2).
  • The rate is 19% on the first €200,000 and 25.8% above (Art. 22).
  • Dividends and capital gains from a participation of at least 5% are exempt, unless the participation is a low-taxed portfolio investment (Art. 13).
  • A parent and its 95% subsidiaries can form a fiscal unity and be taxed as one (Art. 15).
  • Net interest expense is deductible only up to the higher of 24.5% of tax EBITDA and €1 million (Art. 15b); interest on related-party debt linked to tainted transactions is not deductible at all (Art. 10a).
  • Losses can be carried back one year and forward without time limit, but set off only up to €1 million plus 50% of the profit above that (Art. 20).
  • Transactions with related entities must be at arm’s length (Art. 8b); large groups keep a master file, local file and country-by-country report (Art. 29b–Art. 29h).
  • Profits from qualifying self-developed intangibles can fall into the innovation box (Art. 12b); profits of foreign permanent establishments are exempt (Art. 15e).

Who it affects

  • Foreign groups with a Dutch holding, finance or operating company.
  • Founders whose Dutch BV pays dividends to them or receives dividends from subsidiaries.
  • Finance and tax teams preparing Dutch corporate income tax returns and transfer pricing documentation.
  • Advisers checking how a Dutch rule reads in the statute rather than in a summary.

Key dates

DateEvent
8 October 1969Act adopted, replacing the Corporate Income Tax Decree 1942 (Stb. 1969, 445)
1 January 2003Revised fiscal unity regime (Stb. 2002, 618)
1 January 2019ATAD 1: earnings-stripping rule and CFC rules (Business Act 2019, Stb. 2018, 505)
1 January 2020ATAD 2: hybrid mismatch rules (Stb. 2019, 508)
1 January 2022Unlimited loss carry-forward with the €1 million + 50% cap (Stb. 2020, 540); arm’s length mismatch rules, Art. 8ba–8bd (Stb. 2021, 654)
1 January 2025Earnings stripping raised to 24.5% of EBITDA; general anti-abuse rule codified (Stb. 2024, 434 and 435)
1 January 2026Date of the consolidated version translated here

BCA commentary

What makes a Dutch holding work

The participation exemption of Art. 13 is the reason the Netherlands is a holding location: dividends and capital gains on a shareholding of at least 5% are exempt, without a minimum holding period. The exemption does not apply to low-taxed portfolio participations, tested in Art. 13 onwards: for those, a credit system applies instead (Art. 23c). Liquidation losses on participations are deductible only within limits (Art. 13d).

Interest: three filters

Interest deduction passes three filters. Related-party debt used to fund tainted transactions, such as dividend distributions or capital contributions within the group, is non-deductible under Art. 10a unless business reasons are shown. All net interest is then capped at 24.5% of tax EBITDA or €1 million, whichever is higher (Art. 15b). And intra-group terms must be at arm’s length (Art. 8b), with deductions denied since 2022 where the other side does not include the corresponding income (Art. 8ba–Art. 8bd).

Fiscal unity

A parent with at least 95% of the shares, votes, profits and assets of a Dutch subsidiary can file as one taxpayer with it (Art. 15). Losses offset profits across the group and intra-group transactions disappear. Leaving the fiscal unity has consequences for losses and for assets transferred within it, which the following articles regulate in detail.

Losses

Since 2022 losses can be carried forward indefinitely, but in any year they can be set off only up to €1 million plus 50% of the profit above €1 million (Art. 20). Carry-back is one year. A significant change in ownership can end the right to carry losses forward (Art. 20a).

Anti-abuse and documentation

The Act now contains a codified general anti-abuse rule (Art. 29i) alongside the specific rules: CFC rules for low-taxed controlled entities (Art. 13ab), the hybrid mismatch rules (Art. 12aa–Art. 12ag) and the substance requirements that run through the participation exemption and interest rules. Groups with consolidated revenue of at least €50 million keep a master file and local file; groups with €750 million or more also file a country-by-country report (Art. 29b–Art. 29h).

Pillar Two is elsewhere

The 15% global minimum tax is not in this Act but in the Minimum Tax Act 2024 (Wet minimumbelasting 2024), which applies to groups with consolidated revenue of at least €750 million. This Act refers to it where the two interact, for example for qualifying domestic top-up tax.

Amendment history

Acts that gave the articles of the Act their current wording, from the official metadata of wetten.overheid.nl, with the articles they touch. Most changes come through the annual Tax Plan (Belastingplan) and its companion acts.

ActArticles
Stb. 1969, 445
Corporate Income Tax Act 1969 (enactment)
Art. 1
Stb. 1989, 491
Introduction of the new Civil Code (adaptation of tax and other acts)
Art. 19
Stb. 1991, 697
Tax treatment of maintenance provisions, savings and insurance
Art. 33a
Stb. 1994, 938
Relief for foreign withholding tax on participation dividends
Art. 8a
Stb. 1996, 652
Revision of substantial interest, consumer interest and wealth tax
Arts. 36, 38, 39
Stb. 1996, 659
Opening of tax appeals to two instances
Art. 32
Stb. 1997, 510
General Administrative Law Act adaptation act (third tranche)
Art. 28a
Stb. 2000, 216
Income Tax Act 2001 (Implementation) Act
Arts. 23, 31a, 31b, 31c
Stb. 2000, 567
Entrepreneurs Package Act 2001
Art. 31c
Stb. 2000, 570
Income Tax Act 2001 repair act
Art. 29
Stb. 2001, 639
Tax euro adaptation act
Art. 11
Stb. 2001, 641
Tax Plan 2002 II (economic infrastructure)
Art. 15d
Stb. 2002, 617
Tax Plan 2003 Part II
Art. 15ai
Stb. 2002, 618
Revision of the fiscal unity regime
Arts. 15ai, 24, 26, 30, 37
Stb. 2005, 603
Technical Repair Act 2005
Arts. 10c, 21
Stb. 2005, 684
Amendment of certain tax acts (December 2005)
Art. 13ca
Stb. 2006, 44
Implementation of Directive 2003/123/EC (Parent-Subsidiary Directive amended)
Art. 13g
Stb. 2006, 631
Working on Profit Act (Werken aan winst)
Arts. 10b, 12c, 13bb, 13f, 13g, 13h, 13i
Stb. 2008, 565
Tax Plan 2009
Art. 31
Stb. 2010, 363
BES Monetary System Act
Art. 15c
Stb. 2011, 585
Interim rules on currency results on participations
Art. 28b
Stb. 2011, 639
Tax Plan 2012
Arts. 12, 13c, 15g, 15h, 15j, 33d
Stb. 2012, 321
Tax measures of the 2013 Budget Agreement
Art. 23b
Stb. 2012, 544
Tax Omnibus Act 2012
Art. 9a
Stb. 2012, 668
Tax Plan 2013
Art. 10d
Stb. 2012, 670
Revision of the tax treatment of the owner-occupied home
Art. 34a
Stb. 2013, 565
Tax Plan 2014
Art. 34b
Stb. 2014, 481
Tax Omnibus Act 2014
Art. 8b
Stb. 2015, 145
Revision of the rules on approved housing institutions
Art. 8d
Stb. 2015, 158
Compartmentalisation Reserve Act
Art. 34c
Stb. 2015, 207
Corporate income tax for public enterprises (modernisation)
Arts. 6c, 33
Stb. 2015, 540
Other Tax Measures 2016
Arts. 8g, 29b, 29f, 29g
Stb. 2015, 543
Implementation of the 2015 amendments to the Parent-Subsidiary Directive
Art. 13aa
Stb. 2016, 479
Fiscal Unity Adjustment Act
Arts. 7, 15ag
Stb. 2016, 544
Tax Plan 2017
Arts. 12bc, 12bf, 12bg, 34d
Stb. 2017, 115
Phasing-out of pension in own management and other pension measures
Arts. 23a, 31d, 34e
Stb. 2017, 215
Additional rules on the exchange of country-by-country reports
Arts. 29c, 29d, 29e
Stb. 2017, 518
Other Tax Measures 2018
Arts. 8c, 12ba, 12bb, 34, 34f, 34g
Stb. 2018, 505
Business Act 2019 (ATAD 1 implementation, rate cuts)
Arts. 12be, 13l, 15ad, 15af, 15aha, 15ahb, 15ba, 20b, 29a, 34h
Stb. 2019, 508
Implementation of the second Anti-Tax Avoidance Directive (ATAD 2)
Art. 12ag
Stb. 2019, 510
Tax Plan 2020
Arts. 8f, 15bg, 15bh
Stb. 2019, 512
Other Tax Measures 2020
Arts. 15ahb, 15bb, 15bc, 15f, 29h
Stb. 2019, 513
Withholding Tax Act 2021
Art. 17
Stb. 2020, 539
Restriction of the liquidation and cessation loss rules
Arts. 13e, 13j, 15aj, 15i, 28c
Stb. 2020, 540
Tax Plan 2021
Arts. 12abis, 12b, 15ab, 20, 33b, 33c, 34i
Stb. 2020, 542
Other Tax Measures 2021
Arts. 12ae, 12af
Stb. 2021, 651
Tax Plan 2022
Arts. 14, 14a, 14b, 14ba, 15aa, 15ah, 15ak, 15al, 25a, 25b
Stb. 2021, 652
Other Tax Measures 2022
Art. 15ae
Stb. 2021, 653
Implementation of the reverse hybrid rule of ATAD 2
Arts. 12aa, 12ab, 12ac, 12ad
Stb. 2021, 654
Countering mismatches in applying the arm’s length principle
Arts. 8ba, 8bb, 8bc, 8bd, 35
Stb. 2022, 532
Tax Plan 2023
Art. 22
Stb. 2023, 498
Tax Omnibus Act 2024
Arts. 12a, 13b, 16, 20a, 27
Stb. 2023, 499
Tax Plan 2024
Arts. 13ab, 15be, 15bf
Stb. 2023, 502
Amendment of the fiscal investment institution regime
Art. 28
Stb. 2023, 503
Amendment of the mutual fund and exempt investment institution regimes
Art. 6a
Stb. 2023, 508
Tax Qualification Policy for Legal Forms Act
Arts. 1a, 3, 4, 5, 6, 6a, 6b, 8e, 9, 13, 13a, 13d, 14c, 15, 15ac, 15a, 17a, 25, 28
Stb. 2024, 434
Tax Plan 2025
Arts. 1a, 3, 10a, 13ba, 13d, 15ac, 15b, 18, 21a
Stb. 2024, 435
Other Tax Measures 2025
Arts. 10a, 12bd, 13, 13k, 15e, 29i
Stb. 2025, 431
Tax Omnibus Act 2026
Arts. 8, 23c, 23d, 23e
Stb. 2025, 445
Other Tax Measures 2026
Arts. 2, 15bd

How to cite

Cite the article and paragraph and link to the paragraph anchor. For example:

Corporate Income Tax Act 1969 (Netherlands), Art. 13(2) (unofficial English translation, BCA EU Law Library), https://bcaeu.com/law-library/netherlands/corporate-income-tax-act-1969/participation-exemption#art-13-p2

Unofficial English translation by BCA EU, for information. Only the Dutch text has legal force. Article headings are editorial; chapter and division headings are the law’s own. Text checked against the consolidated version valid from 1 January 2026 on wetten.overheid.nl on 30 October 2026. This page is not legal or tax advice.

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