Consultation Proposal To Amend The FGR Regime

On 15 December, the Dutch legislator has published a consultation proposal containing a draft legislative amendment to the definition of the fund for joint account (the fonds voor gemene rekening, FGR) and the introduction of an optional opt-out regime (afmeldregeling) for Dutch tax purposes.

Following the consultation (which is open until 2 February 2026), the legislator will determine whether and how the draft legislation will be submitted to parliament. Any legislative change is expected to take effect no earlier than 1 January 2027.

Background

As of 1 January 2025, the Dutch tax classification rules for investment vehicles were fundamentally amended. As a result, all Dutch and non-Dutch partnerships are, as a main rule, classified as transparent for Dutch tax purposes, except when a partnership should be considered an FGR. At the same time, a new FGR definition was introduced.