Do you want to do international business in subscription form from the Netherlands?

Questioner

With our platform we want to connect drone users and companies to offer drone services for marketing purposes. This will be done in the form of a subscription, customers and clients can take out different subscriptions to use our services. Our question is whether it is legally and fiscally possible to have foreign users who take out subscriptions from a Dutch BV?

Lawyer

As a Dutch BV it is in principle possible to have foreign users who purchase subscriptions. However, there are some legal and tax aspects that you need to take into account: 1. Legal aspects: - International agreements: You should ensure that your contracts and terms and conditions clearly state which law applies and which jurisdiction has jurisdiction in the event of disputes. This can help to avoid potential legal issues. - Data Protection: If you collect and process personal data from foreign users, you must ensure that you comply with applicable privacy laws, such as the General Data Protection Regulation (GDPR) in the European Union. 2. Tax aspects: - VAT: If you provide services to foreign users, you may need to charge VAT. This may depend on the specific VAT rules in the country concerned and whether a VAT exemption or reverse charge mechanism applies. - Tax treaties: The Netherlands has tax treaties with various countries to prevent double taxation. It is advisable to check whether a tax treaty applies between the Netherlands and the country in question, and to seek advice from a tax advisor to determine which tax rules apply.