Managing director borrows from their own B.V. for a home: choose the right advisory route first

By Pascal Bouman··3 min read
Mortgage adviser discusses financing a home through a bank or the client's own B.V. with a managing director and accountant

The choice: organise a separate advisory route

Choose a process with two explicit workstreams. The mortgage adviser translates the housing wish into financing needs, monthly costs, term, repayment and security. The accountant or tax adviser then assesses the tax qualification and structure of the proposed B.V. loan. This distinction is relevant because the Dutch Tax and Customs Administration characterises a withdrawal from the B.V. for, among other things, a new home as a loan that must be repaid and meet arm’s-length conditions. This does not determine which financing option is best for this managing director; it does make clear why a tax assessment cannot be replaced by a comparison of monthly costs alone.

Make the tax assessment concrete before finalising the route

According to the supplied Dutch Tax and Customs Administration passage, a loan for an owner-occupied home from a B.V. may qualify for interest deductibility subject to conditions. The passage mentions, among other things, the purpose of the loan, repayment within 30 years and—for loans from 1 January 2013—annuity or linear repayment with a minimum amount set in advance. It also states that the interest must correspond to what would apply at a bank or other financial institution. Use these points as handover questions for the tax adviser or accountant, rather than as your own final tax assessment. The source passage is cut off in its explanation of market conformity; do not derive a complete assessment checklist or conclusion on interest deductibility from it.

Advisory file for a mortgage adviser assisting a managing director with a possible loan through their own B.V.

Record ownership in a decision log

Turn the file into a handover tool. Record the financing routes explored, the affordability assumptions, the required security, the owner of each open question and when the external assessment will be returned. Use this decision log: “For each financing route, record the source, the assumptions concerning monthly costs and term, the owner of the tax assessment, the outstanding review point and the follow-up decision.” This makes clear which information comes from the mortgage advice and which conclusion must be confirmed by the accountant or tax adviser. “This method supports file preparation, but does not replace an individual tax, legal or accounting assessment.”

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