Ton Oostenrijk

Attorney / Tax Consultant / Partner

I am a property attorney and tax consultant with RechtStaete. In that capacity I have been involved in advising clients in the field of tax law, in particular in the area of property, for more than twenty-five years. I also counsel clients with regard to audits conducted by the Tax Authorities and collection proceedings, and am also involved in the tax-law aspects of proceedings under civil law.

Practice

Examples of my services are:

  • Providing advice in the purchase and sale of property and property companies, including vendor and other due diligence investigations, the creation of data rooms and assistance in tendering procedures;
  • Providing advice on (optimisation of) the VAT and transfer-tax consequences of an acquisition or sale of developed and undeveloped land (building sites);
  • Providing tax advice on setting up property companies and limited partnerships, including prospectus assessment on tax aspects and composing tax paragraphs for prospectuses;
  • Optimising interest deduction and refinancing to guarantee the deduction of interest for tax purposes and to prevent taxation of profits in refinancing transactions;
  • Estate planning in respect of property, including creating investment funds and/or structures on behalf of parents and their children;
  • Tax-related assistance in bankruptcies, unbundling collaborative partnerships and/or winding down property portfolios;
  • Objection and appeal proceedings regarding the levy and collection of taxes;
  • Completing negotiations and creating and concluding advance and other types of tax rulings with the Tax Authorities, on behalf of both domestic and foreign investors.

In my work I often collaborate with our attorneys and, where necessary, externally with the top Dutch property notaries, with whom I maintain long-term relationships.

Background

The foundation for my career was laid by completing the Tax Law and Dutch Law programmes at the University of Amsterdam. In the mid-1990s I completed the Amsterdam School of Real Estate’s MRE programme and was awarded the annual thesis prize. I also regularly publish on the topics of taxation and property.

Netherlands Bar’s register of legal practice areas

Ton Oostenrijk has registered the following principal (and secondary) legal practice area in the Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister):

– corporate law

Based on this registration, he is required to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.

Languages

Dutch and English

  • A.J. Oostenrijk

  • Telephone

    +31 (0)20 573 03 83

Publications

Ton Oostenrijk regularly produces publications dealing with subjects involving property-related tax matters. He is responsible for a monthly column in the trade journal, PropertyNL, is co-author of a book entitled Onroerend goed als belegging, is the editor-in-chief of the tax handbook, PropertyNLTax, and is co-author of a book entitled Onroerend goed en reparatiewetgeving Vermeend.

Bouwrecht, de financiële en economische crisis: een onvoorziene omstandigheid bij projectontwikkeling? Een overzicht van (recente) jurisprudentie op het gebied van vastgoed

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