Exit Tax Regimes Europe 2026

Dutch AB exit tax mechanics: aanmerkelijk belang = substantial interest = 5%+ shareholding in any Dutch or foreign company. When a Dutch tax resident with an AB emigrates: the Belastingdienst issues a conservatoire aanslag (provisional assessment) for the AB exit tax on the date of departure. The assessment is based on: market value at departure minus acquisition cost = fictitious gain, taxed at Box 2 rate (26.9% in 2026). Deferred if moving to EU/EEA: the provisional assessment is not payable immediately; it is deferred until the shares are actually sold (or certain other events trigger payment). Interest accrues on the deferred amount. The 10-year window: the deferred tax obligation follows the emigrant — if they sell shares within 10 years of emigration, the Dutch tax must be paid (with credit for foreign tax paid). If not sold within 10 years: the assessment expires and no Dutch tax is due. Third-country emigration: the provisional assessment is immediately collectable unless a bilateral tax treaty provides otherwise. Key planning point: timing the departure carefully relative to any planned share sale; considering whether the 26.9% Dutch rate is better or worse than the destination country's capital gains rate; structuring any share sale before or after the 10-year window depending on comparative tax rates.

UK temporary non-residence rules: if a UK resident becomes non-UK resident (spends fewer than 183 days in UK per tax year; has no UK home; meets HMRC's statutory residence test non-UK conditions), they are not subject to UK CGT on disposals made while non-resident. Temporary non-residence anti-avoidance: if an individual was UK resident for 4 of the 7 years before departure and returns to the UK within 5 years, any gains from assets owned at departure (and disposed of while non-resident) are brought back into charge on return. The 5-year rule: maintain non-UK residence for at least 5 complete tax years = no UK CGT charge on departure-year gains. Practical use: a founder with a £10m unrealised gain in their startup: obtains UAE residency (or other no-CGT jurisdiction); moves abroad; sells shares after 5 years of non-UK residence; pays zero UK CGT. Same founder returning to UK after 5 years: any gains crystallised after year 5 are clean — no comeback. Contrast with Netherlands (26.9% provisional assessment follows you) and France (exit tax on departure). UK's deliberate non-exit-tax approach is a notable competitive policy choice — attracting entrepreneurial wealth to UK while providing a clean exit route.

Spanish exit tax (Ley 26/2014): applies to Spanish tax residents emigrating if they have: a securities portfolio above €4,000,000 (market value); or a shareholding of 25% or more in a company worth above €1,000,000. Tax rate: 19% on gains up to €6,000; 21% €6k-50k; 23% €50k-200k; 26% above €200k. EU/EEA departure: deferred until actual sale. Third-country departure (UAE, Andorra, Monaco): immediate payment required. High-profile enforcement: Shakira case (moved from Barcelona to Bahamas; Hacienda argued she was still a Spanish tax resident; settled for €7.3m in 2023); Cristiano Ronaldo (IR fraud settlement €18.8m in 2017 for image rights); Sánchez Casal (tennis school owner); numerous football and entertainment figures. The AEAT has created a dedicated unit for high-net-worth individual exit cases and cross-border tax avoidance. Spanish exit tax planning: the €4m threshold is deliberately set to capture only the truly wealthy (most exit planners target this group); below the threshold, free emigration without exit tax; Spanish Beckham Law beneficiaries (24% flat rate) have a specific exit tax framework that has been litigated extensively.