What is the situation?

On €100,000, the buyer paid €10,400 transfer tax at 10.4%. She tried to recover €8,400 by claiming the 2% owner-occupier rate (a reduced rate offered if the property becomes the buyer’s main residence), but the Court of Appeal in The Hague rejected that claim.

The key signal is simple: a signed declaration saying a property will become your main home is not enough. The buyer purchased a recreational dwelling where permanent residence was not permitted, stayed registered elsewhere, kept her rented room, and could not prove that the holiday property had become the real center of her life.

The court accepted that recreational homes are not automatically excluded. However, it emphasized that evidence must be concrete, objective, and strong from the moment of acquisition, highlighting the need for more than just intention.

Analysis

Buyers often assume tax is based on intentions, but transfer tax depends on provable, actual residential use.

For micro and small businesses, the blind spot is wider than private housing. Directors, founders, and small property investors often use mixed-purpose assets in ways that feel economically rational but are legally weak. Here, the court looked beyond form and checked behavioral facts: registration, family ties, daily life, regional spending patterns, permanence, and retained housing elsewhere.

The main distortion is that ownership, frequent presence, or a gradual transition can appear to be residence to the buyer but not to the tax authority. The tax test is narrow, point-in-time, and evidence-heavy. Recreational property remains structurally difficult territory for reduced transfer-tax treatment.

Impact

H1

Avoid relying on a low transfer-tax declaration if the property is recreational, BRP registration is impossible, or another residence remains your practical base. The risk of refund denial is high.

H2

If you buy mixed-use or second-location property, build an evidence file immediately: actual occupancy pattern, utility use, correspondence address, memberships, community expenditure, and proof that your prior residence ceased to be your center of life.

H3

This judgment confirms a broader rule: Dutch tax authorities increasingly test substance rather than narrative. Small businesses and owner-managers should expect the same logic to apply to housing, asset use, payroll, VAT, and shareholder arrangements.

Daily operational takeaway

Regularly review any recent or planned property acquisitions where tax treatment depends on intended use. Ensure your evidence proves actual use, not just declared use.

Source: The Hague Court of Appeal, 3 March 2026, BK-25/542, ECLI:NL:GHDHA:2026:338