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Direct distribution in the Netherlands

How Can Foreign Suppliers Establish a Presence in the Netherlands?

Foreign suppliers looking to tap into the Dutch market have several pathways to establish a direct distribution in the Netherlands. Dutch law permits foreign entities to create their own subsidiary or acquire a stake in an existing Dutch company to import and distribute their products. This flexibility is pivotal for setting up efficient distribution channels and managing European operations. Our Dutch contract lawyers are happy to provide legal assistance.

What Are the Best Business Entities for Foreign Suppliers in the Netherlands?

The optimal types of business entities for a foreign supplier aiming to establish a presence in the Netherlands are the private limited liability company (Besloten Vennootschap, BV) and the public limited liability company (Naamloze Vennootschap, NV). Both types offer limited liability to shareholders and are governed under Dutch corporate law, providing a robust framework for foreign suppliers to manage their European operations.

The formation of a BV or NV requires incorporation by a notarial deed and registration with the Business Register of the Chambers of Commerce. This process ensures that all legal facets, including the establishment of a logistics hub or distribution centers, adhere to local regulations.

How Does the 2024 Online Incorporation Act Affect Foreign Suppliers in the Netherlands?

The introduction of the Act on the Online Incorporation of Private Limited Liability Companies significantly simplifies the process for EU nationals and entities. This law allows for the entire incorporation process to be conducted online, promoting direct export strategies and facilitating easier access to the European market. The option to handle official documentation in English further aligns with the needs of international trade and foreign suppliers.

Are There Restrictions for Foreign Businesses in the Netherlands?

The Dutch government enforces an investment screening regime, but this primarily addresses national security concerns related to sensitive sectors. Generally, there are no restrictions on foreign entities operating in the Netherlands, which makes it an attractive logistics hub for international trade.

Can Foreign Suppliers Own Equity in Dutch Distribution Entities?

Yes, foreign suppliers can own equity interests in Dutch entities. This allows significant flexibility in structuring distribution contracts and potentially entering into exclusive distribution agreements under Dutch distribution law.

What Tax Considerations Should Foreign Suppliers Be Aware Of?

Tax considerations are crucial for foreign suppliers operating in the Netherlands. Entities are subjected to corporate income tax, dividend withholding tax, VAT, and import duties, which are pivotal in planning their supply chain and logistics strategies. Understanding these tax obligations is essential for managing direct distribution and indirect export activities effectively.

How Are Corporate and Personal Income Taxes Handled for Foreign Entities?

Dutch-resident companies face corporate income tax on global income, while non-resident entities are taxed only on income from Dutch sources. The knowledge of tax implications helps in strategizing the sales model and financial structuring for transporting goods internationally.

Furthermore, VAT obligations must be meticulously managed, especially for companies involved in direct export and maintaining distribution centers within the country. Ensuring compliance with VAT regulations is crucial for smooth operations in the transport sector.

Direct distribution in the Netherlands?

Establishing a network for direct distribution in the Netherlands offers numerous advantages for foreign suppliers, from flexible business entity options to favorable tax conditions. With strategic planning around distribution channels, sales agents, and logistics, foreign companies can effectively manage their supply chain and enhance their market presence in Europe.

For a foreign supplier aiming to expand under Dutch law, understanding the legal and tax environments is crucial. As we continue to support international trade, staying informed and compliant with local regulations will facilitate successful foreign operations and sustainable business growth in the transport sector.

Distribution law firm in Amsterdam

For any legal inquiries or support about direct distribution in the Netherlands, please feel free to contact our adept team at MAAK Advocaten. Committed to excellence, our Dutch lawyers provide superior legal services tailored to your distinct needs. You can reach our law firm in the Netherlands through our website, by email, or phone.

Our approachable and skilled staff at MAAK Attorneys will be delighted to assist you, arranging a meeting with one of our specialized attorneys in the Netherlands. Whether you need a Dutch litigation attorney or a Dutch contract lawyer in Amsterdam, we are eager to guide you through the legal intricacies and secure the most favorable results for your situation.

Contact details

Remko Roosjen | attorney-at-law (‘advocaat’)
+31 (0)20 – 210 31 38
remko.roosjen@maakadvocaten.nl

The information on this legal blog serves purely for educational purposes and should not be taken as specific legal guidance. While we endeavor to maintain accurate and current information, we do not assert its absolute completeness or relevance to your particular situation. For advice tailored to your legal concerns, we urge you to engage with a licensed attorney. Please note that the blog’s content may change without notice, and we are not liable for any inaccuracies or missing information.

Remko Roosjen

Remko Roosjen

Remko Roosjen is a Dutch contract attorney in the Netherlands and creates close working relationships with clients, providing pragmatic solutions across on all legal matters in the Netherlands. Remko is a partner of our Commercial law firm in Amsterdam, the Netherlands. His specialist areas include Dutch Contract Law, including Dutch Commercial Contracting and Legal Disputes, including civil litigation, arbitration and mediation. Remko is a sharp, creative Dutch attorney with extensive cross-border experience representing both foreign plaintiffs and defendants. Visit Remko's profile via the website or via his LinkedIn Profile.