Succession Planning for Shareholder-Directors with a Partner: Wills and BV Transfer
Shareholder-directors (DGA's) with a partner must align succession planning with divorce risks. A flexible will with a two-tier authorization prevents forced sale of BV shares. According to Book 4 of the Dutch Civil Code (BW), Article 4:118 governs the legitim, but exclusion clauses protect business assets.
Upon death, the Wage Tax Act (Wet LB) applies: partner pension via the BV. Share certification separates economic interest from voting rights, ideal for blended families. Tax optimization through a BV holding with common and preferred shares. Inheritance tax: exemption of €723,000 per child, but a 40% rate above that threshold.
After divorce: update the will and marital conditions. In practice: a living will appoints a trusted person for BV decision-making in case of incapacity. Combine with donations of value certificates to spread inheritance tax. Tax-wise: no gift tax on periodic donations below the threshold.