Caribbean Tax Update No. 2026/05

28 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.

This week the Court of Appeal of 's-Hertogenbosch held that assets placed in a Curaçao private foundation (SPF) remained part of the children's box 3 base because the father continued to direct the foundation from the Netherlands. The Centraal Dialoog Bonaire has asked the Dutch State Secretary not to extend the BES transfer tax to economic ownership and real estate shares from 2028 without a broader review of the Caribbean Netherlands tax system, and the Cft has advised Sint Eustatius and Saba to substantiate their tourist tax and other local levy estimates in the 2027 draft budgets. In Aruba the 2026 ground lease bills can now be paid, with 13 November 2026 as the final payment date.

Case law | Netherlands

Netherlands | Income tax, Curaçao private foundation (SPF)

Assets gifted to a Curaçao SPF are not separated private assets where the father directs the foundation; the SPF was effectively managed from the Netherlands

Three children held certificates, issued by a family foundation, of a EUR 2.4 million claim on their father's BV. The certificates could not be sold, interest of 6 percent was added to the principal, repayments had to be lent on to the parents on pain of a EUR 1 million penalty, and the certificates were pledged to the parents. The Court of Appeal held that for 2013 to 2015 this was an unusual provision of capital within the meaning of the Dutch Income Tax Act, so the interest was taxed in box 1 rather than box 3, and saw no reason to discount the accrued interest. After the BV repaid the loan in 2015, each child gifted a EUR 940,000 claim on the parents to an SPF incorporated under Curaçao law, which was designated as a target fund subject to 10 percent Curaçao profit tax. For 2016 the Court found that the formal Curaçao director acted only on the father's instructions, accepted no liability and performed administrative tasks only, while even minor decisions such as opening a bank account were directed by the father. The father therefore disposed of the SPF's assets on behalf of the children as if it were their own property: the assets were not separated private assets and the SPF was effectively managed from the Netherlands. The Inspector had rightly included the SPF assets in the children's box 3 base, and the appeal was dismissed.

Read the full decision (ECLI:NL:GHSHE:2026:1720)

Aruba

Aruba | Ground lease (erfpacht), collection

2026 ground lease bills can now be paid at the Departamento di Impuesto; final payment date is 13 November 2026

The Departamento di Impuesto announced on 23 September that it has received the 2026 ground lease data from the Department of Infrastructure and Planning (DIP) and is ready to collect the amounts due. Formal collection starts on 30 October 2026 and the last day for payment is 13 November 2026. Payment can be made at the tax office or online through the taxpayer's bank. Taxpayers who cannot pay in time can set up a payment arrangement in the BOi portal under Betalingsregeling beheren. Questions about the assessment itself go to DIP; payment questions go to the tax office.

Aruba | Tax administration, digital services

Tax office holds BOi registration sessions in the districts in October

The Departamento di Impuesto will help residents who are not entrepreneurs to create or complete their BOi account at four district centres in October: MFA Noord on 5 October, MFA Savaneta on 7 October, MFA Paradera on 13 October and MFA Santa Cruz on 15 October. Morning sessions from 8:00 to 11:00 are reserved for residents aged 65 and over and evening sessions from 17:00 to 20:00 for the working population. A valid ID, personal number and e-mail address are required; staff assist with the username, password and authentication app.

Caribbean Netherlands

Bonaire | Transfer tax, Fiscale verzamelwet 2028

Centraal Dialoog Bonaire opposes extending the BES transfer tax to economic ownership and real estate shares without a broader review of the tax system

In its consultation response of 10 September 2026 to the State Secretary for Taxation, the Centraal Dialoog Bonaire, the consultation body of the public entity, employers, trade unions and the Chamber of Commerce, describes the proposed extension of the BES transfer tax to the acquisition of economic ownership of real estate and to shares and membership rights in real estate entities as a policy measure rather than a technical correction. It points out that, unlike the European Dutch rules, the proposal contains no minimum shareholding threshold, so the acquisition of a single share would be taxable, and that a transferor who does not use a notarial deed must report the transaction within two weeks on pain of an administrative fine and joint liability for the tax. The letter asks the State Secretary not to introduce the extension on 1 January 2028 but to fold it into an integral review of the Caribbean Netherlands tax system, to quantify the effects for Bonaire on investment, business succession, financing costs and consumer prices, and to publish a full implementation test before any decision. The two other BES changes in the bill, the updated substantial interest criterion and the alignment of the deduction for fire and natural disaster insurance premiums with the owner-occupied home definition, should only proceed if they carry no material change or retroactive effect.

Sint Eustatius | Budget 2027, local levies

Cft asks Sint Eustatius to substantiate its tourist tax and other revenue estimates in the 2027 draft budget

In its advice of 3 September 2026 the Cft finds that the 2027 draft budget of Sint Eustatius balances over the multi-year period and provisionally meets the budget standard of the Wet FinBES. Regular revenue rises to USD 31.8 million, almost entirely because the free allowance increases by USD 1.1 million to USD 24.9 million. Tourist tax is estimated at USD 300,000 for 2027 against a 2025 outturn of about USD 93,000, which the island attributes to measures to improve compliance by hotels; revenue from ground lease, land rent and real estate falls from USD 562,000 to USD 315,500 because the 2026 figure included arrears assessments for 2023 to 2026. The Cft asks for a better substantiation of the tourist tax, waste levy, interest, harbour and airport revenue and of the ground lease policy, which has not yet been formally adopted by the island council, and for close monitoring of staff costs, which rise to USD 19.0 million.

Saba | Budget 2027, local levies

Cft questions the realism of Saba's tourist tax estimate after a 2025 outturn of USD 18,425 against USD 75,000 budgeted

In its advice of 28 August 2026 on the 2027 draft budget of Saba the Cft notes that the budget balances at zero in each year from 2027 to 2030 and provisionally meets the budget standard of the Wet FinBES, but that the explanation of specific revenue and expense items is insufficient. Tourist tax raised USD 18,425 in 2025 against USD 75,000 budgeted and only about a quarter of the annual estimate in the first half of 2026, yet the same USD 75,000 is budgeted again for 2027 onwards without substantiation. Revenue from the new Black Rocks Harbor is also booked on top of the existing Fort Bay Harbor income without explanation. Tax revenue as a whole is budgeted at USD 0.5 million in 2027, and ground lease income is comparatively low at USD 14,000 because Saba owns little land. The Cft asks Saba to substantiate the local levies, to explain how structural maintenance tasks now financed from special grants will be covered, and to add a financial management paragraph.

Kingdom and international

International | Automatic exchange of information, amended CRS

Global Forum concludes four regional workshops on the amended Common Reporting Standard ahead of the first exchanges in September 2027

The Global Forum Secretariat announced on 21 September that it has completed a series of four regional workshops on the 2023 amendments to the Common Reporting Standard. The final workshop, held from 15 to 18 September 2026, drew participants from all regions; the four events together reached 494 participants from 94 jurisdictions. The workshops covered the domestic and international legal frameworks, the new CRS XML Schema, the main technical changes and the practical steps jurisdictions need to take before the first exchanges under the amended CRS, which are scheduled for September 2027. The amended CRS extends reporting to new digital financial products and is relevant for financial institutions in Aruba, Curaçao and Sint Maarten, which exchange under the CRS, and in the Caribbean Netherlands as part of the Netherlands.

The Caribbean Tax Update is a free weekly publication of Aalbers Private Tax Advisory. It is based on publicly available sources, in particular decisions published on rechtspraak.nl and official publications of the governments of Sint Maarten, Curaçao, Aruba and the Caribbean Netherlands. Summaries are provided for general information only and do not constitute tax advice. No liability is accepted for any reliance on this publication.

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