Here are a few crucial points:

1. Aruba is a separate country within the Kingdom of the Netherlands but falls under the EU for certain aspects.
2. However, Aruba does not fall under the free movement of goods and services within the EU concerning VAT. In Aruba, VAT is referred to as “BBO,” which stands for “Belasting op Bedrijfsomzetten” (Tax on Business Turnover).
3. For VAT purposes, Aruba should thus be considered a non-EU country.
4. When providing services, the VAT rates differ for exports compared to products. This depends on whether the recipient can reclaim VAT (has a VAT number).
   A. If the recipient does not have a VAT number: Pay VAT in the country where the service is provided. Therefore, register with the Aruban tax authorities and ensure that you mention the correct VAT rate on the invoice.
   B. If the recipient does have a VAT number: Charge 0% VAT on the invoice. Inquire with the country whether you need to file a return (in most cases, this is not necessary, and 0% can be noted on the invoice).

Conclusion:

1. Register with the “Departmento di Impuesto” (Aruba’s tax authorities).
2. File taxes for the BBO or obtain tax exemptions.
3. Issue invoices mentioning the BBO. The BBO is remitted in Aruba, while income is taxed in the Netherlands.

We are going to talk about two things:

1. If you are required to declare VAT.
2. If you do not have to declare VAT.

Mandatory for all types of invoices

These are the important things that should be included on an invoice, whether or not you have to pay VAT:

• The word ‘invoice’ with the date of the invoice and the date on which the goods were delivered or the service was performed.
• A unique invoice number that you keep increasing. Do not use numbers randomly or start over each time. You can also add letters if it is convenient. For example, start with ‘FI3092’ and then ‘FI3093’, and so on.
• Your name or the name of your company and your address. A post office box alone is not sufficient. Use the name you have registered with the Chamber of Commerce. If you are not registered with the Chamber of Commerce, use your own name.
• The name of the person or company receiving the goods or services, along with their address.
• Your bank account number.
• What you have delivered, with quantity and a description.
• The price per unit or per hour and any discount, along with the total costs.
• The amounts without VAT, the VAT rate, and the VAT amount that you have to pay, as well as the total amount that needs to be paid.
• The payment due date, for example, within 30 days.

If you are required to declare VAT

For businesses that are required to file VAT returns, there are specific rules they must adhere to:

• You must mention your VAT identification number. You should have received this number in a letter from the Tax Authorities. If you do not remember it, you can also find it on the website of the Tax Authorities. Go to: https://www.belastingdienst.nl/wps/wcm/connect/nl/ondernemers/content/inloggen-voor-ondernemers. Log in with DigiD or E-recognition. Go to the “Omzetbelasting” tab. On the left, you will see ‘VAT identification number.’ Click on it. Then you will see two numbers. Use only the VAT identification number on the invoice, not the turnover number.

If you are liable for VAT, you need to know how to calculate VAT. Normally, you calculate 21% or 9% VAT on the amounts stated on the invoice. But there are exceptions as well. Here are three briefly discussed:

• ‘Btw verlegd’ means that the VAT is owed by the person you are doing business with. This only happens if you regularly provide services to a regular customer. This is mainly relevant in sectors such as construction, shipbuilding, cleaning companies, and landscaping. If you do not work in any of these sectors, the VAT is likely not shifted.
• ‘Invoice issued by recipient’ occurs when your customer creates the invoice themselves, known as ‘self-billing’. Note: although the customer creates the invoice, you are still responsible for ensuring that all information is correctly noted.
• ‘Margin scheme’ is indicated on the invoice that the products fall under the margin scheme. This can only be done if you sell second-hand products. You do not mention VAT on the invoice for the rest.Wat gebeurt er als je geen btw hoeft te betalen?

In that case, you still need to adhere to certain rules and include special mentions, especially when running a small business. In other words, you must explain why you are not charging VAT. Generally, there are two scenarios:

• If the Tax Authorities have determined that you are exempt from VAT, you do not need to mention a VAT identification number. You probably have not received this information from the Tax Authorities. On the invoice, you must state why you are not charging VAT, for example, ‘exempt from VAT based on article…’, where the legal basis for the exemption must be described in detail. In some cases, you may need to make specific mentions resulting from the legislation, for example, in the sale of art objects, antiques, motor vehicles, travel agencies, used goods, and so on. It is advisable to consult the accountant for the exact requirements.
• In general, the Tax Authorities determine whether or not you are exempt. Sometimes, certain products or services are exempt. You still need to mention your VAT identification number but indicate that this specific product is exempt from VAT. The Tax Authorities have published a list of services and products that are exempt from VAT: click here to see the list.

What is a legal form (“rechtsvorm”)?

A legal form is the legal structure you choose for your company. When registering with the Chamber of Commerce (KVK), you must specify this type of business. This choice determines, among other things, how much liability you have for debts and tax obligations.

Legal forms with legal personality:

Legal forms with legal personality require a notary to be involved in their establishment. As the owner of the company, you are not personally liable for the debts. For example, if the company goes bankrupt, you do not have to pay the debts with your own money. Moreover, the tax burden is lower for these types of business forms if the profit exceeds 100,000 euros.

• Private Limited Company (BV): A BV is a business form where the capital is divided into shares. The owners are liable only up to the amount they have invested.
• Public Limited Company (NV): An NV is similar to a BV, but the shares can be freely traded on the stock exchange.
• Association: An association is a collaboration with a common goal, without profit motive. Members have limited liability.
• Cooperative: A cooperative is a business form where members are joint owners and collaborate for the collective interest.
• Foundation: A foundation is an organization with a specific purpose, without profit motive. It has no members or shareholders but does have a board.

Legal forms without legal personality:

With these business forms, you are personally responsible. If the company goes bankrupt and has many debts, you are personally responsible for paying these debts. The advantage is that you do not need a notary to start this type of business. Up to approximately 80,000-100,000 euros in profit, this business form is more fiscally advantageous.

• Sole Proprietorship: In a sole proprietorship, one person is the owner and liable for all debts of the business with their personal assets.
• General Partnership (VOF): A VOF is a collaboration between two or more individuals or parties, where all partners are jointly liable for the debts of the business.
• Limited Partnership (CV): A CV is a form of partnership where managing partners are actively involved in the management of the business, and silent partners only contribute financially.
• Partnership: A partnership is a form of collaboration between multiple independent entrepreneurs, where they jointly practice a profession or business. Each partner is jointly liable for the debts of the partnership.

Choose carefully, considering the impact of the chosen legal form on your business and personal responsibilities. Seek advice from a tax specialist or accountant.