Budget Day 2025: measures for businesses and trade

Reduced VAT rate for culture, media and sport retained 

Last year, the government intended to increase the VAT rate on culture, media and sport from 9 per cent to 21 per cent from 2026 onwards. For the most part, the proposed increase will not be implemented. Only the VAT rate on accommodation will be increased to 21 per cent as of 1 January 2026. This increase applies to, among other things, the rental of hotel rooms and holiday homes. The standard rate will also apply to the provision of accommodation to, for example, employees, students, asylum seekers and homeless people. The rental of camping pitches will still be subject to the lower rate. The distinction is based on whether the accommodation is offered fully furnished to the tenant (21 per cent) or whether the tenant brings their own accommodation (9 per cent).   

Joint determination of maximum investment amount for application of energy investment deduction 

Entrepreneurs can obtain investment deductions for investments in energy-saving business assets, resulting in a net reduction in their tax liability. There is an annual maximum amount of € 151 million for energy investments. Energy investment deductions can no longer be applied to investments above this amount. Taxpayers who have invested in their own business as well as in a partnership with other taxpayers can apply the maximum amount (in part) several times. It is proposed that a combined calculation provision be included to prevent this. 

Temporary transitional law for mutual funds 

From 1 January 2025, the definition of a mutual fund (‘fonds voor gemene rekening’ or ‘fgr’) has changed. As a result, some entities have become independently liable for corporation tax. This change, in conjunction with other measures, has led to a number of practical problems. For this reason, the mutual fund definition may be amended again, at the earliest with effect from 1 January 2027.  

If this change goes ahead, certain funds that qualify as fgr's as of 1 January 2025 and have become independently liable for tax as of 1 January 2027 will no longer be classified as such. This would result in a short-term tax liability for the years 2025 and 2026. Such a short-term tax liability is undesirable. A transitional measure has therefore been proposed whereby the tax treatment that applied to certain funds in 2025 will be maintained in 2025 and 2026. Entities may (with the consent of the participants) opt for the application of the temporary transitional law until 28 February 2026 at the latest. 

Administrative guidelines on minimum tax 

The Dutch minimum tax legislation is supplemented by internationally agreed administrative guidelines. In addition, a number of technical adjustments are proposed. These proposed changes will, in principle, apply retroactively to reporting years beginning on or after 31 December 2023. 

Simplification of minimum tax top-up tax information returns 

Multinational companies that fall within the scope of the minimum tax (Pillar II) are required to submit top-up tax information returns to the relevant tax authority. The top-up tax information return must be submitted in every Member State where the multinational company is established. With the implementation of the amendment to the EU Directive on administrative cooperation between EU Member States (DAC 9), multinational companies only need to submit one top-up tax information return for all relevant jurisdictions in a single Member State. DAC 9 provides a standard form for such a return. The tax authority in the jurisdiction of the submitting group entity exchanges the relevant information with tax authorities in other relevant jurisdictions. 

Technical adjustment to minimum capital rule in corporate income tax  

The minimum capital rule is a specific interest deduction restriction for banks and insurers that was introduced on 1 January 2020. With effect from 1 January 2024, interest on loans from group entities (internal liquidity management) will no longer be subject to the minimum capital rule, which means that interest on group loans will be deductible under certain conditions. This exception appears to be too broadly formulated: it also covers loans obtained from natural persons. With effect from 1 January 2026, these loans will be brought under the minimum capital rule after all. 

Changes due to the Carbon Border Adjustment Mechanism (CBAM) 

CBAM will come into full effect on 1 January 2026. The EU CBAM Regulation provides for a carbon adjustment for goods from outside the EU. Under the CBAM, payments must be made for the CO2 emissions released during the production of certain imported goods. This discourages the relocation of production within the EU to countries where companies do not have to pay, or pay less, for their CO2 emissions. Various amendments will be incorporated into Dutch legislation in order to implement the CBAM Regulation. The Dutch Ministry of Finance will be responsible for the sale and repurchase of CBAM certificates. In addition, provisions will be added to the Environmental Management Act to give the Dutch Emissions Authority (the authority responsible for implementing the CBAM Regulation in the Netherlands) sanctioning powers. The introduction of CBAM goods without sufficient CBAM certificates will be subject to the Emission Trade System (ETS) penalty system. CBAM declarants who do not have sufficient certificates will be subject to a fine of € 100 (plus indexation) per tonne of emissions for which no certificate is available. For imports of CBAM goods by someone who is not designated as a CBAM declarant, a fine of three to five times the amount that would apply if the declarant were designated as a CBAM declarant will be imposed. 

Tightening of the exemption from consumption tax on dairy and soy drinks.  

Consumption tax is levied on non-alcoholic beverages, with an exemption for dairy and soy drinks. This exemption is based on the milk fat content of the beverages in question. However, the exemption will be amended so that it only applies to the purest dairy and soy beverages, such as skimmed, semi-skimmed and whole milk. This means that it will no longer be possible to circumvent the tax by adding a small amount of dairy products. Sweetened dairy products, such as chocolate and fruit-flavoured milk, will also be subject to the tax. However, there will be an exception for complete infant formula, follow-on formula and food for medical use. 

Adjustment to tax inspection rights 

The 2024 Tax Plan includes a tax inspection right, effective 31 December 2025, which allows taxpayers to request access to their tax files held by the Tax and Customs Administration. An implementation analysis shows that this right of access is not feasible in its current form due to a deficiency in ICT facilities at the Tax and Customs Administration. It is therefore proposed to amend the scheme and introduce it in phases via a phased implementation model for each type of tax, starting with personal income tax. Full roll-out for all national taxes is expected in 2032.  

In contrast to the previously proposed right of access, taxpayers will be given active access to their tax files via the digital portals (Mijn Belastingdienst / Mijn Douane), without the need to submit a request. An exception may be made to the right of access in the case of documents that must remain confidential for important reasons (e.g. if this would also disclose information about other taxpayers). Until 2032, a temporary arrangement will be in place whereby the Tax and Customs Administration can grant limited access to available documents. This temporary arrangement will take effect on 31 December 2025.