RechtStaete can assist you in every phase of property and construction projects, from plan creation and development to purchase, construction, transformation, sale, operation and management. Within that context we offer integrated legal and tax-related services, with expertise in the areas mentioned here. For more information, click on the relevant area of expertise.
Acquisitions and Sales / M&A
We will assist you from a to z in the acquisition and sale of property objects and portfolios, such as offices, shops and shopping centres, homes and logistics premises, and in mergers, acquisitions and the disposal of property businesses. We have ample experience in the performance of (combined) tax and legal due diligence investigations, in drawing up letters of intent and purchase agreements, for example, and in conducting negotiations with the proposed contract partners. With the close collaboration between our tax experts and attorneys, we will structure your transaction directly and efficiently, both in legal terms and for tax purposes, alleviating the need to take twice the time by engaging several consultants. If desired we will call in the best property notaries in the Netherlands, with whom we maintain long-term relationships, for the closing of your transaction.
We assist both the organisations calling for tenders and tendering parties in the run-up to and during tendering procedures. We are experienced in drafting tendering documents, assisting parties participating in a tendering procedure and handling tendering disputes.
On your behalf, we will draw up building contracts and advise you on the contracting process from both the tax and legal perspectives. The close collaboration between our tax experts and attorneys ensures that all tax-related and legal aspects are covered directly and efficiently. We have ample experience with agreements of every kind. If a project so requires, for example, we will draw up tailor-made agreements, and we have broad experience with the customary terms and conditions, including UAV 1989/2012, UAV-GC 2005, FIDIC and NEC, as well as other (international) models. We are also specialised in conducting (international) proceedings under construction law, before the competent Dutch courts and national and international arbitration institutions including the Court of Arbitration for the Netherlands Building Industry, the Netherlands Arbitration Institute and the ICC International Court of Arbitration.
We are experienced in conducting national and international construction arbitration and commercial arbitration, in connection with transaction disputes, for example. Within that context we regularly appear before the Court of Arbitration for the Netherlands Building Industry, the Netherlands Arbitration Institute and the ICC International Court of Arbitration.
Tax Returns and Audits
We can draw up your returns for corporate income tax, VAT and personal income tax. We can also counsel you in answering the Tax Authorities’ questions about the returns as filed and, if necessary, during audits by the tax authorities, which are often announced in advance. This means that we will review the files before they are provided to the Tax Authorities for inspection, and will correspond with the Tax Authorities on your behalf if necessary. In our experience, a sound, hands-on approach to questions from and audits by the Tax Authorities can prevent and limit adjustments at an early stage.
We can assist you on both the tax and legal sides of the formation and management of (property) funds. On the tax-related side, special attention is devoted to taxation at the levels of the fund and its participants, and also to conducting preliminary consultation with the Tax Authorities regarding positions (to be taken). On the legal side, we will draft the necessary agreements, in which the close collaboration with our tax experts enables us to take the tax aspects into account from day one. Our services also include annual tax return instructions for fund participants.
Let us advise you on creating the optimum and most efficient tax and legal structures for your enterprise and/or investment, or on the reorganisation of those structures. Thanks to the close collaboration between our tax experts and attorneys, we can directly and efficiently find the optimum structure in terms of both the tax and the legal aspects.
We can deal with every aspect of leasing. Whether this involves the lease of undeveloped land or of existing objects such as office space (230a business premises), commercial space (290 business premises) or housing: we have ample experience. In that context we can draft lease agreements, assess lease agreements from the civil law and tax law perspectives, conduct any necessary approval proceedings with the cantonal court, and handle lease disputes. In view of the close collaboration between our tax experts and attorneys, we provide a single point of contact for drawing up or assessing lease agreements, and therefore the most efficient services possible.
The government, including municipal authorities, may expropriate land in the public interest, for example within the context of area development. In that regard we can provide advice and assistance to both government organisations and private parties. We also conduct expropriation proceedings, in both administrative and civil-law cases.
We are experienced in conducting litigation in every one of our areas of expertise. We will advise you on the chances and risks involved in litigation, and will be there for you from beginning to end, and can act boldly or with subtlety, as required from one moment to the next. We appear before both District Courts and Courts of Appeal. In tax litigation, we also represent clients in Supreme Court proceedings. When civil-law cases are submitted to the Supreme Court, we work with the top cassation attorneys in the Netherlands, with whom we maintain long-term relationships. In cases under administrative law, we can also represent clients before the Administrative Jurisdiction Division of the Council of State. Our expertise in both tax and legal matters provides substantial added value in civil-law cases with tax aspects as well as in tax cases with civil-law aspects.
We will assist you from a to z in the (re)development, realisation and transformation of property projects, including offices, shops and shopping centres, housing and logistics projects. Within that context we can analyse the tax and legal risks, map potential tax-related improvements, assist in tendering and zoning procedures, for example, and draw up the necessary agreements, including collaboration, development and realisation agreements and building contracts. In view of the close collaboration between our tax experts and attorneys, we can directly and efficiently find the optimum structure for your project in terms of both the tax and the legal aspects. We will also advise and assist you during the execution of the project, including conducting any litigation ensuing from unexpected conflicts.
Spatial Planning / Environment
We are specialised in every aspect of environmental law, including spatial planning, area development and environmental regulations. In that regard we can advise you in areas that include zoning plans, development plans, the Ladder of Sustainable Urbanization, the Bibob Act (Wet bevordering integriteitsbeoordelingen door het openbaar bestuur), applications for example for (integrated) environmental permits, soil protection, environmental impact assessments, energy efficiency rules for buildings, etc. We will also help you through the relevant procedures. We have ample dispute resolution experience in these areas, as well.