Use Holding BV for operation

[deepak94]

Hi everyone,

 

I have opened a Holding BV a while ago wit the purpose to take part in an operation company in an another country. However, now i also would like to do some business operations in the Netherlands by selling software products. Can I use the Holding BV itself to do that business? I just want to avoid the cost of opening an another operating BV before I make significant revenue with the product. 

 

Thanks in advance!

 

30 augustus 2023 aangepast door deepak94

[Jeroen Kisters RPLU ARe]

Hi Deepak,

 

Yes, in principle you could. However for several reasons it's not smart to do so.

 

If you're the developer of the software in my view you wouldn't want to have the ownership of the IP-rights in the same entity as the OpCo or even in your investment vehicle. From a tax and (shareholder) liability point of view one 'BV' isn't a 'BV' as we say in the Netherlands.

 

Also, if you incorporate another 'BV' to sell your software make it an OpCo of your HoldCo. This to avoid to having to pay capital gains tax immediately should you sell the OpCo at some point.