Caribbean Tax Update No. 2026/03

14 September 2026

The Caribbean Tax Update is a free weekly overview of tax case law, legislation and administrative news from Sint Maarten, Curaçao, Aruba and the Caribbean Netherlands. Each item carries a short summary and a link to the source document.

The Joint Court confirmed that a Curaçao director is liable by operation of law for the tax debts of his companies, without an assessment in his own name. Sint Maarten's draft 2027 budget went to the Governor with a projected surplus of Cg 8.1 million, the 2027 budget of Curaçao counts on XCG 82 million from the planned tourist entry tax, and Aruba confirmed that the tax exemptions for local primary producers will continue.

Case law | Joint Court and Supreme Court

Curaçao | Collection, director's liability

Director is liable by operation of law for the companies' tax debts; no assessment in his own name is required

The Receiver issued a writ of execution against the director and liquidator of three companies for about NAf 658,000 in unpaid wage tax, social security premiums, profit tax, turnover tax and other levies, and attached his payment claims on the Social Insurance Bank (SVB). The Court of First Instance lifted an attachment of movable goods but upheld the claim and ruled that the SVB attachment also covers claims arising after the attachment. On appeal the Joint Court applied the Supreme Court's preliminary ruling of 7 November 2025: liability follows directly from the tax ordinances, so no assessment or decision addressed to the director is needed. The absence of a statutory exculpation option does not make the liability incompatible with Article 1 of the First Protocol to the ECHR, and the failure to serve the main claim on the SVB did not void the attachment because the SVB's interests were not harmed. The judgment was confirmed and the director was ordered to pay the costs of the appeal.

Read the full decision (ECLI:NL:OGHACMB:2026:257)

Sint Maarten

Sint Maarten | Budget 2026 and 2027

Budget 2026 adopted by Parliament; draft 2027 budget with a Cg 8.1 million surplus handed to the Governor

Parliament adopted the 2026 national budget at the end of August. In her statement of 31 August the Minister of Finance acknowledged that the budget was late and said that work on the 2027 budget was well advanced. The Council of Ministers approved the draft 2027 budget on 7 September and the minister delivered it to the Governor's Cabinet the same day, to leave time for the remaining constitutional and legislative steps before the statutory deadline. The draft provides for current expenditure of Cg 662.2 million against revenue of Cg 670.3 million, Cg 221.24 million in capital investment, Cg 5.28 million in loans and authorisation to borrow up to Cg 52.99 million for investment. The draft now goes through the Governor, Parliament and the Cft.

Sint Maarten | Financial sector, deposit protection

Deposit guarantee scheme of the Central Bank takes effect on 28 September 2026

The deposit guarantee scheme of the Centrale Bank van Curaçao en Sint Maarten applies across the monetary union from 28 September 2026. Eligible deposits are protected up to Cg 50,000 per depositor per licensed bank and up to Cg 25,000 per depositor per licensed credit union. Amounts above the limit remain a claim against the institution in its resolution. The scheme is funded by contributions from the participating institutions.

Curaçao

Curaçao | Tourist entry tax, budget 2027

2027 budget counts on XCG 82 million from the tourist entry tax while the legislation is not yet in place

The explanatory memorandum to the 2027 budget estimates tourist entry tax revenue at about XCG 82 million in 2027, rising to XCG 115 million in 2028, XCG 120 million in 2029 and almost XCG 126 million in 2030. The tax is set at about USD 65 per arriving air passenger, with residents and transit passengers exempt. Because part of the revenue replaces the 7 percent accommodation tax, which yields about XCG 40 million a year, the net gain is about XCG 42 million; only 75 percent of the full-year yield has been budgeted for 2027. The budget shows a surplus of about XCG 66 million. The Cft notes that the legislation and the collection system are not yet finished and asks the government which measures it will take if the tax is not introduced on time.

Curaçao | Tax incentives, solar energy

MAN-PIN member asks for tax incentives on solar panels and batteries after power outages

Member of Parliament Giselle Mc William (MAN-PIN) wrote to Prime Minister Pisas asking for tax measures to make backup energy more affordable. She proposes lower or zero import duties and turnover tax on solar panels, batteries and related equipment, a tax deduction for households and businesses that invest in such systems, and extra incentives for schools, care institutions and social organisations. She asked for a concrete plan with a timetable.

Aruba

Aruba | Primary sector, tax exemptions

Tax exemptions for local farmers and fishermen continue and are to be laid down in law from 2027

The Minister of Finance, Economic Affairs and Primary Sector confirmed that the ministerial approval exempting local primary producers from profit tax, income tax, turnover tax (BBO) and the AZV levy (BAZV) will remain in force during the current government term. The exemption covers income and turnover from products grown or produced in Aruba through agriculture and horticulture, fishing, beekeeping and animal or fish farming. The minister intends to anchor the arrangement in legislation by 1 January 2027. Producers must continue to meet the conditions and registration requirements.

Draft 2027 budget submitted to Parliament with a surplus of Afl. 84.1 million

The Minister of Finance submitted the 2027 budget to Parliament within the statutory term after the positive advice of the CAft. The budget shows a surplus of Afl. 84.1 million for the Land Aruba, 1 percent of GDP, and more than Afl. 203 million for the collective sector. Nominal growth is projected at 4.1 percent and the debt of the collective sector is expected to fall from 59 to 54 percent of GDP. No new tax measures were announced with the submission.

Tax Administration helps non-entrepreneurs set up their BOi account

The Departamento di Impuesto is holding sessions in community centres to help residents create a BOi account, including username, password and authentication app. Visitors need a valid identity document, their personal identification number and an email address. Sessions were held in Noord on 8 September and Paradera on 10 September, with morning slots for residents over 65, and continue through October.

Aruba | Tax criminal law

Prosecutor closes tax fraud case after both suspects accept and pay a transaction

The Public Prosecutor's Office closed the investigation Mero into a former candidate minister and his spouse, who were suspected of filing incorrect and incomplete income tax returns over the years 2009 to 2021. A first transaction offer in June was declined. After a second hearing on 7 August both accepted the transaction and paid on 11 August, and the summonses were withdrawn.

Minister reopens the discussion on replacing BBO with a VAT on the basis of an IMF study

The Minister of Finance considers the time right to resume the discussion on replacing the turnover tax (BBO) with a value added tax, now that the economy has recovered and public finances are stable. The IMF has completed a study on how such a transition could be made. Its recommendations will be presented to the business community, financial experts and other stakeholders, and the consultation will cover whether a VAT is introduced as well as its design and rate.

Caribbean Netherlands

Caribbean Netherlands | EU status, cost of living

Island councils take no position on EU outermost region status without further expert advice

The island councils of Bonaire, Sint Eustatius and Saba met in the BES Summit on Bonaire on 4 September 2026. They discussed a University of Curaçao study, commissioned by the Ministry of the Interior and Kingdom Relations, on keeping the current overseas country and territory status or moving to outermost region status, which would bring European law and funding. The councils agreed not to take a position without further objective expert information and citizen participation. They also questioned the allocation of EUR 30 million for the cost of living and will send a joint letter to the Dutch House of Representatives.

Kingdom and international

Kingdom | Tax arrangements, policy decree

Netherlands publishes 2026 policy decree on international tax law in the profit sphere, including the tax arrangement with Curaçao

The Dutch State Secretary for Finance issued the Beleidsbesluit toepassing internationaal belastingrecht in de winstsfeer 2026, which took effect on 20 August 2026 and replaces the 2023 decree. It sets out Dutch policy on the interpretation of treaty provisions preventing double taxation and double non-taxation and adds a section on home office permanent establishments. The chapter on the Belastingregeling Nederland Curaçao also addresses the former transitional arrangement for participation dividends paid to Curaçao entities.

International | Global minimum tax

Inclusive Framework releases revised GloBE Information Return and new administrative guidance

On 11 September 2026 the OECD/G20 Inclusive Framework published a revised GloBE Information Return that incorporates the Side-by-Side Package of January 2026. The revised return must be used for fiscal years beginning on or after 31 December 2025. New administrative guidance released the same day defines explicitly conditional taxes, which are not covered taxes, and clarifies the local financial accounting standard rule under the QDMTT safe harbour where local and consolidated accounting periods differ. The changes are relevant for groups within the scope of the minimum tax legislation of Curaçao and other Kingdom jurisdictions.

OECD Tax Policy Reforms 2026: reforms aimed at growth, revenue measures remain modest

The OECD report compares tax reforms introduced or announced in 2025 in 92 jurisdictions. Personal income tax reforms generally made systems more progressive, while the average combined corporate income tax rate was stable for the third year in a row. VAT reforms focused on the digital economy and non-resident suppliers, and health taxes on tobacco and nicotine were among the most common revenue-raising measures.