Whether real estate transfer tax is due on the acquisition of
shares in a private limited company (BV) with a
'self-storage' business remains unclear. This is the case
if the business of a self-storage company qualifies as the
operation of real estate. Today the Supreme Court ruled that this
should be determined from the perspective of the customer. No
transfer tax is due if the lease is subordinate to additional
services that are purchased. The further assessment is now up to
the Court of Appeal of Amsterdam.
The case
A multinational company that leases out storage space
(self-storage) acquired all shares of a Dutch competitor in 2015.
The activities of the acquired self-storage company consisted of
providing storage spaces, climate control and security of these
storage spaces, assisting with the storage and removal of goods
from the storage space, selling storage and packing materials and
locks, taking out insurance for the stored goods, renting out
trailers and
