Dutch Company German resident office requirements

[Doktor Shakalu]

Hi everyone,

This is my first post, could not find this question hope I didn't miss something in the search..

So I live close to NL, the idea is to start investing and trading stocks and crypto in a bv. Starting with around 50k to get an idea. Might add more if I feel comfy.

No shady stuff, office will be in NL trading and all business will happen from within NL as well as everything else. Talked to tax guy nothing wrong here.

I am a little paranoid about the requirements from the German side to get the bv taxed in NL even though I live in Germany. Found some services which offer a virtual office with unlimited access to a flex desk. They claim that dutch KvK accepts it. So the question is, if I can prove that I drive over the border to perform activities from the flex desk is this enough or is an actual dedicated office required for the German authorities even if the dutch KvK accepts it?

Nice forum btw enjoyed reading the topics and learned a lot so far

 

[Marzio]

Doktor Shakalu said:
idea is to start investing and trading stocks and crypto in a bv
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Looks like the tax guy forgot to mention that your BV would be considered a CFC according to Germany so everything you earn will be taxed as a German company.

 

[kranj99]

marzio said:
Looks like the tax guy forgot to mention that your BV would be considered a CFC according to Germany so everything you earn will be taxed as a German company.
Click to expand...

Was wondering if CFC rules do not apply within the EU? Because on one hand a part of EU law is that an EU citizen can open a company in any EU country. But if CFC rules were to apply, wouldn't this counter EU law?

 

[RDuke]

The problem is Effective management place rule