Set up a property BV. A separate entity for real estate.
For anyone holding property in a separate BV, often combined with a holding company. Notarial incorporation, articles of association suited to property activities.
You have an apartment in your own name, a second property in your sights, or a portfolio that needs to move from box 3 into a more professional vehicle. Maybe you're considering buying property to let, maybe you want to finance a business premises from a BV rather than privately. Or: you already have an operating BV and want to keep the property strictly separate from the business risk.
Box 3 is being reformed: the government wants to tax actual returns from 2028, but the bill is still before the Dutch Senate (as of September 2026). What that means for property held privately depends on the final rules. For larger portfolios or active letting, a BV structure can be attractive. The BV pays corporate income tax and you pay box 2 tax when you distribute dividends, not box 3. Whether that works out better for you is something to decide with your accountant or tax adviser.
A property BV is often placed under a personal holding company. The holding holds the shares of the property BV, a gain on the sale of those shares can fall under the participation exemption, and your operating BV (if you have one) stays legally separate. Premium handles the notarial incorporation of this structure in one process.
Who this route is for.
- Entrepreneurs who want to move privately held property into a BV structure
- Investors with a portfolio of 2+ properties (letting, development, investment property)
- Entrepreneurs with an operating BV who want to keep property strictly separate
- Founders who want to finance business premises from the BV rather than privately
- Individuals with box 3 assets above €300,000 who want to optimise for tax
What's included.
- Notarial incorporation of a BV with a property objects clause and the right SBI codes
- Articles of association set up for property activities (letting, operation, development, sale)
- The option to incorporate directly in combination with a personal holding company
- Digital shareholder register, even with a single shareholder (the holding)
- Ready for later co-investors or fund structures as your portfolio grows
- One process, no separate notary visits per property
Step by step, what happens.
Every incorporation follows the same structure; only the order of the waiting differs per situation.
- Day 1
Property objects clause
You enter the details for the property BV (and for the holding, if applicable). Objects clause: 'operation of real estate', 'letting of business or residential premises', or more specific if you know which direction you're heading. SBI codes 6810 (buying and selling of own real estate) and 6820 (letting of real estate) are standard.
- Day 1 or 2
Wwft check
Property transactions receive heightened Wwft attention. Sumsub carries out the standard identity and sanctions checks. For larger portfolios the notary may ask for additional information on the source of funds (supporting document).
- Day 2 or 3
Articles of association
Property articles of association can contain specific provisions: director requirements when selling properties, a shareholder resolution for granting mortgages, restrictions on distributions during financing periods. We propose standard wording; more complex clauses in consultation with your property adviser.
- Day 3 to 5
Notary executes the deed
The designated notary executes the incorporation (of the holding and the property BV, if it's a combination). The holding then receives 100% of the shares in the property BV.
- Day 4 to 7
KvK registration and bank account
Both BVs are registered with the KvK. You open a business bank account for the property BV (crucial for financing and rental income). This typically takes another 1 to 2 working days, depending on your bank.
- After that
Buying or transferring property
With the BV incorporated, you can buy a new property through the BV (notarial deed of sale with the BV as buyer, mortgage in the BV's name). Transferring existing privately held property to the BV requires a separate type of deed, and you pay 8% or 10.4% property transfer tax (depending on the type of property).
Common mistakes in this situation.
No marketing. This is what we see founders run into every month.
- 01
Transferring existing property without a tax plan
Contributing private property to a BV is a taxable event: property transfer tax (8% for residential, 10.4% for investment property) plus possibly settling tax on the increase in value. For a €400,000 home that quickly means €32,000+ in transfer tax. Always calculate whether contributing makes sense, or whether you'd do better to wait for a natural moment of sale.
- 02
Your mortgage can't simply move with it
A mortgage in your private name can't simply move to a BV. You have to repay the mortgage and the BV has to take out a new one, on different terms (often a higher interest rate). Banks treat BV mortgages differently from private mortgages. Expect extra financing costs of 0.5% to 1.5% interest a year.
- 03
Renting to yourself without an arm's-length rent
If you privately rent a property from your own property BV, the rent must be at market rate. Otherwise the Dutch Tax Administration reclassifies the favourable rent as a disguised distribution (box 2). The same applies to sales between you privately and your BV: all transactions must be on arm's-length terms.
- 04
Forgetting a DGA salary with active property activities
Pure investment activity (letting without much work) doesn't require a DGA salary. But as soon as you actively manage (renovations, estate agent tasks, development), you qualify as 'working within the BV' and must take a customary salary. The line is grey; discuss it with your tax specialist.
- 05
No separate BV per risk profile
A mixed portfolio (homes, business premises, development) in one BV means a damages claim on one property affects the whole BV. Many property investors therefore build a holding with several underlying BVs, one per risk cluster. Start with one property BV; as you grow, you can split later.
What it costs, honestly broken down.
Included and not included, side by side. We keep nothing out of view.
- Pro + Holding incorporation (one-off)€1,899Personal holding company + property BV in one process
- Monthly€24.99Digital register for both BVs, cap table management
- Adding a second property BV later€1,599With Pro, issued to the same holding
- Share issue (co-investor)€199For example for an investment stake in one property or in the BV as a whole
- Property transfer tax on a private contribution8% or 10.4%Not included. 8% for homes, 10.4% for investment property. Calculated on the WOZ value or market value
- BV mortgage (external)n/aCharged by the bank. Expect 0.5% to 1.5% higher interest than a private mortgage
- Annual accounts (external, per BV)€500 to €1,500 eachProperty BVs usually have simple annual accounts, but each one counts
What if you did it differently?
Sometimes Digital Notary isn't the best route. Below are the alternatives we come across most often.
- Alt 01
Holding property in box 3
From 2028 the government wants to tax box 3 on the basis of actual returns (the reference-date system still applies for now). The bill is still before the Dutch Senate. For small portfolios (1 to 2 properties, combined value up to €300,000 above the tax-free allowance), holding privately is often more advantageous than a BV structure. For larger portfolios or active letting, the BV route becomes more attractive again. Discuss with your accountant on the basis of your exact figures.
- Alt 02
Holding property in the operating BV
Technically allowed: an operating BV can also hold property. The problem: the property then shares in the operating BV's business risk. If the operating BV goes bankrupt, the property goes with it. For separating risk, a separate property BV (possibly under the same holding) is almost always better.
- Alt 03
Trust or investment fund structure
For very large portfolios (€2M+ or many co-investors), a fund structure (CV, FBI, FGR) can be more attractive for tax than a simple BV. This is specialist work on which Digital Notary does not advise; consult a fund lawyer. For most private property investors, a property BV under a holding is the logical start.
The package that fits.
No subscription to everything. Only what belongs to your situation.
- Package
Pro + Holding
€1,899 one-off + €24.99/month
Property BVs are almost always held through a personal holding company. The holding structure is essential for tax on sale gains and for separating risk.
View package
Questions that often come up here.
Answers in plain language, not legal jargon.
01Can I transfer my existing property to the BV?
Yes, but it's complex for tax and legal purposes. You pay property transfer tax (8% for homes, 10.4% for investment property), the mortgage has to move to the BV (often on new terms), and there may be a tax settlement on the increase in value. Always calculate whether the contribution makes sense. Discuss it with your accountant and financial adviser before you incorporate.
02Does the property BV get a separate mortgage?
Usually, yes. Banks offer BV mortgages but treat them differently from private mortgages: often a higher interest rate (0.5% to 1.5% extra), stricter LTV (loan-to-value) requirements, and often a personal guarantee from the DGA. Some banks prefer to work with property BVs under a holding, others also accept a stand-alone property BV.
03Does this also work for a mixed portfolio (rental homes plus business premises)?
Technically yes, in practice often not advisable. Letting homes and letting business premises have different tax regimes (VAT position, transfer tax rate, cost deduction). Many property investors therefore split into two BVs under the same holding: a residential BV and a commercial property BV. At incorporation you can start with one BV and split later if your portfolio diversifies.
04Do I need a separate VAT registration?
For letting homes: no (exempt from VAT). For letting business premises: usually optional VAT-taxed letting (so you can reclaim input VAT on investments). This is a specific choice you or your accountant make with the Dutch Tax Administration within 6 months of incorporation. Digital Notary does not arrange the VAT registration; your accountant does.
05What's the difference between 'investment' and 'business' property?
It matters for property transfer tax: investment property (passive letting, no substantial work) falls under 10.4% transfer tax. Business property (active operation such as a hotel, development, or substantial work) falls under 4% (in 2026). The difference is a grey area and is tested by the Dutch Tax Administration. For pure letting: assume 10.4%.
06Can I set up a property BV together with a co-investor?
Yes. You can include two founders straight away (60/40, 50/50, etc.) or add someone later via a share issue. For co-investors we recommend Pro rather than Starter, because it lets you include up to 5 shareholders at incorporation and the register is prepared for transactions.
07How do I sell a property from the BV?
Selling a property from the BV is a notarial deed between the BV (seller) and the buyer. Any gain on the sale falls under corporate income tax in the BV (25.8%). If the gain then has to go to you privately via the holding, you pay another 29.5% box 2 tax on it. Even so, a holding structure is often advantageous when selling an entire property BV: you then benefit from the participation exemption.
08What if the property BV goes bankrupt?
If the property BV goes bankrupt, you lose that BV's equity (properties minus debts). The holding keeps its other assets. A personal guarantee (often required by banks) can still affect your personal assets. That's why: separate risks into separate BVs and be careful with personal guarantees.
Ready to start this process?
Twenty minutes to fill in your details.
We and our notary partners take it from there. No office visit, but a genuine notarial deed at the end of the road.