Foreign entrepreneurs entering the Dutch market often hear about tax benefits related to imports and VAT deferment. One of the most talked-about tools is the Artikel 23 license in the Netherlands. However, misunderstandings around this system frequently lead to rejected applications, delays, and compliance issues.
I have seen businesses assume that approval is automatic once they register a company in the Netherlands. Others believe that having a local address is enough. These assumptions can result in lost time and reduced credibility with tax authorities.
In this article, we break down the most common myths that lead to rejection and explain what businesses should realistically expect.
What Artikel 23 Actually Means
Before addressing the myths, it is important to understand what Artikel 23 is.
Artikel 23 is a VAT deferment mechanism under Dutch VAT law. It allows companies importing goods into the Netherlands to report import VAT in their VAT return instead of paying it immediately at customs.
This system is managed by the Dutch tax authority.
Instead of paying VAT upfront:
- VAT is declared in periodic VAT returns
- Input and output VAT are reported together
- Cash flow pressure is reduced
However, not every business qualifies automatically.
Myth 1: Company Registration Guarantees Approval
Many foreign founders think that once they register a company in the Netherlands, they automatically qualify for the Artikel 23 license.
This is not true.
While having a registered company is required, approval depends on several factors:
- Business substance
- Compliance track record
- Financial stability
- Proper administration
Compared to basic company registration, Artikel 23 approval involves a deeper review by tax authorities.
Myth 2: A Virtual Address Is Enough
Some businesses believe that using a virtual office ensures approval.
In reality, authorities evaluate whether the business has real operational presence. They may check:
- Whether activities actually take place at the declared address
- Whether management decisions can be traced
- Whether records are accessible within the Netherlands
Even with flexible business models, credibility and traceability remain important. A purely formal presence can raise concerns.
Myth 3: Foreign Directors Lead to Rejection
There is a common belief that having non-Dutch directors reduces approval chances.
This is not necessarily the case.
Foreign directors are common in international trade. However, authorities will assess:
- Transparency in management
- Responsiveness to communication
- Availability of documents
- Compliance with reporting
The issue is not foreign ownership, but weak governance or unclear structures.
Myth 4: Only Large Companies Qualify
Another misconception is that only large corporations can apply for Artikel 23.
In reality, small and medium-sized businesses can also qualify if they meet the required standards.
What matters more than company size:
- Proper bookkeeping
- Timely VAT filings
- Financial reliability
- Clear import activity
While larger firms may have more structured systems, smaller companies can still qualify with proper preparation.
Myth 5: A VAT Number Means Automatic Approval
Getting a Dutch VAT number does not mean you will receive Artikel 23 approval.
A VAT number confirms registration with tax authorities. Artikel 23 approval allows VAT deferment on imports.
These are separate processes. Artikel 23 requires additional assessment of compliance and risk.
Myth 6: No Ongoing Compliance After Approval
Some businesses think that once approved, there are no further obligations.
This is incorrect.
Companies must:
- File VAT returns accurately and on time
- Ensure import declarations match VAT reports
- Maintain proper records
Errors or inconsistencies can lead to audits or even withdrawal of the license.
Myth 7: You Can Apply Without Import Activity
Some companies apply before setting up actual import operations.
Authorities may question:
- Expected import volumes
- Business model
- Supplier agreements
- Sales channels
Just like financial planning requires clarity, tax authorities expect a clear operational plan. Applying too early can increase the risk of rejection.
Myth 8: Bank Account Location Is Irrelevant
While having a Dutch bank account is not always mandatory, financial transparency is important.
Authorities may review:
- Where transactions take place
- Whether financial flows are clear
- Whether accounting systems are reliable
Complex or unclear financial structures can raise concerns, even with international banking setups.
Myth 9: Approval Is Immediate
Some entrepreneurs expect quick approval.
In reality, timelines depend on:
- Completeness of the application
- Business risk profile
- Structure of the company
- Workload of tax authorities
Compared to company registration, Artikel 23 approval often takes longer due to additional checks.
Myth 10: Outsourcing Sales Transfers VAT Responsibility
Companies using outbound sales outsourcing sometimes believe VAT responsibility shifts to their partners.
This is not correct.
Even if sales are outsourced:
- The importing entity remains responsible for VAT
- Reporting obligations stay with the Dutch company
- Errors by third parties can affect compliance
Outsourcing operations does not remove tax responsibility.
Myth 11: Rejection Means Permanent Ineligibility
A previous rejection does not mean a business cannot apply again.
However, reapplications should address earlier issues.
Improvements may include:
- Better administrative processes
- Stronger documentation
- Clearer operational structure
- Proof of active business activity
Addressing these points can significantly improve approval chances.
Practical Steps to Avoid Rejection
To reduce the likelihood of rejection, businesses should:
- Establish real business presence in the Netherlands
- Maintain accurate and organized records
- File VAT returns consistently
- Align customs and VAT reporting
- Seek professional advice before applying
Proper preparation increases the chances of approval.
Why Artikel 23 Is Valuable for International Businesses
Despite strict requirements, the Artikel 23 license offers significant benefits.
These include:
- Improved cash flow
- No upfront VAT payment on imports
- Competitive advantage in European trade
- Simplified VAT handling
For companies involved in regular imports, the financial impact can be substantial.
Final Thoughts
Foreign businesses are not rejected simply because they are foreign. Rejections usually happen when structure, documentation, or compliance appears weak.
When companies register a company in the Netherlands with a long-term approach, build real substance, and maintain strong financial systems, their chances of approval improve significantly.
The key takeaway is clear: Artikel 23 is not an automatic right. It is a structured benefit that requires preparation, transparency, and ongoing compliance.
With the right setup, businesses can use it effectively to support and grow their European operations.
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