House abroad

If you want to buy a house abroad, you will have to deal with different (legal) rules than those that apply in the Netherlands. Even if that house is located in the EU, those rules are different. Sometimes the terms are similar to those also used in the Netherlands. The consequences may be completely different.

In most European countries, a notary is involved in the delivery. In most countries, it is also the case that he has a much less active role than in the Netherlands. This may mean that he does not check whether the seller is the owner. But also that he does not supervise the flow of money. There may be other issues like that. For this reason, it is important to get expert advice in the relevant country, both when selling and buying. We can put you in touch with lawyers and notaries in the relevant country who can help you with the rules on the ground.

Although the transfer of the house abroad does not take place with a Dutch notary, there are also matters you can arrange with us. For example, who inherits the house abroad if you die? Is the Dutch will valid? And what if you do not have a will, do the rules of Dutch inheritance law also apply to the house abroad?
Each country has its own rules of inheritance law. For those countries where the European regulation on inheritance law does not apply, the inheritance law of that country may apply. Some countries recognise a choice of law, still others do not accept the provisions in a Dutch will. You may also have to make a will in that other country to record matters in respect of the property in that other country.

Heirs may also face foreign inheritance tax. If this is the case, the Netherlands grants a rebate on the inheritance tax due in the Netherlands. However, it then very much depends on how the property is designed in the other country and how the purchase was financed. A good will can prevent many problems.
A second home abroad must be declared in the Netherlands for income tax purposes in BOX III. In most cases, no tax is subsequently levied.

It is important to find out and map all this well in advance, so that you can make a good choice.

For more information on buying a property in, for example, France, Spain or Italy, please contact us. We will be happy to help you.