Caribbean Tax Update No. 2026/10

2 November 2026

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

This week the Joint Court upheld a suspended prison sentence for the director of a Curaçao company that filed five years of profit tax returns only after the deadline set by the Inspector had passed. In Sint Maarten the Court of First Instance held that a fee paid under a contract requalified as employment is gross wage, from which the employer must withhold wage tax and premiums, and the Inspector reminded non-residents that income from Sint Maarten may be subject to income tax. For the Caribbean Netherlands the Fiscal Omnibus Act BES islands 2027 was published, with a higher property tax rate for hotels and an ABB fiscal unity from 1 January 2027.

Case law | Sint Maarten

Sint Maarten | Wage tax and premiums, requalified contract

Fee under a services contract requalified as employment is a gross wage; employer must withhold wage tax and premiums

In an earlier interim decision the Court of First Instance had held that a contract between a real estate company and the petitioner was an employment contract. The company had paid USD 3,000 per month until 26 November 2025. The Court now holds that the contract was tacitly extended for one year and ended on 16 September 2026, so wages remain due for the period in between, less the petitioner's net earnings from other work in that period. The USD 3,000 is to be treated as a gross wage, because the company as employer must withhold the prescribed taxes and premiums. The case was referred back to the roll for the employer to state the employer contributions and for the petitioner to document the other income.

Read the full decision (ECLI:NL:OGEAM:2026:139)

Case law | Joint Court and Supreme Court

Curaçao | Tax offences, failure to file

Director convicted for profit tax returns over 2018 to 2022 filed only after the Inspector's deadline; late filing does not undo the offence

The sole director of a Curaçao minimarket N.V. received several reminders from the Stichting Belasting Accountants Bureau in 2024 and a final notice from the Inspector in January 2025 to file the profit tax returns for 2018 to 2022 before 10 March 2025. The returns were filed only four days before the first-instance hearing. The Joint Court held that filing after the deadline does not remove the completed offence, and that it is not necessary to establish the original filing term for each year, as the further term set by the Inspector was also missed. It convicted the director for directing the company's failure to file on time and its failure to provide information, and took into account that more than NAf 600,000 is still owed. The Court imposed a suspended prison sentence of three months with a three-year probation period, without the special conditions the Court of First Instance had attached.

Read the full decision (ECLI:NL:OGHACMB:2026:297)

Sint Maarten

Sint Maarten | Income tax, non-residents

Inspector reminds persons living abroad that income from Sint Maarten may be subject to income tax

In Public Announcement Notification No. 2026/005 of 26 October 2026 the Inspector of Taxes reminds persons living outside Sint Maarten that they may still have income tax obligations if they receive taxable income from Sint Maarten. This can include rental income from property in Sint Maarten, business or professional income, employment income for work performed in Sint Maarten, remuneration as a director or supervisory director, and other Sint Maarten-source income. Nationality alone does not determine the tax position; the source of the income and the individual circumstances do. Foreign taxpayers should generally file an income tax return (B-form) and may, where the law permits, deduct expenses directly related to that income. They should also be registered with the Tax Administration and have a CRIB number.

Sint Maarten | Budget 2026, Cft

Board of Financial Supervision cannot assess whether the adopted 2026 budget meets the budget standard and gives no positive advice on the loan request

The Cft received Sint Maarten's adopted 2026 budget on 24 September 2026, well after the statutory deadline of 15 December 2025. In its advice published on 29 October the Board notes that the estimates of taxes and permits broadly follow nominal economic growth of 4 to 5 percent a year, but that personnel and goods and services expenses rise by XCG 30 million without adequate explanation. Because earlier advice was not sufficiently followed up, the Cft cannot assess whether the budget standard is met and cannot advise positively on the investment loan request, which has risen from XCG 37.5 million to XCG 42.1 million. The free cash position is put at XCG 5 million at year-end. The Cft will not request a budget amendment and asks for full attention to the 2027 budget.

Draft amendment on the taxation of homes used as short-term tourist accommodation awaits input from the Finance Department

At the Council of Ministers press briefing of 28 October 2026 the Minister of Tourism, Economic Affairs, Transport and Telecommunication said her ministry has prepared a legislative amendment on homes used as short-term tourist accommodation, including Airbnb listings and foreign-owned second homes, and has sent it to Legal Affairs. Because the proposal concerns taxation, the Finance Department must give its input first; the draft then goes to the Council of Advice and Parliament. According to the minister the current law is unclear on how such homes are taxed. No rate, timetable or implementation date was announced.

Sint Maarten | Publications

The Tax System of Sint Maarten by Marco Aalbers is available in print at Vandorp

The first edition of The Tax System of Sint Maarten – Principles, Practice and International Context, written by Marco Aalbers of Aalbers Private Tax Advisory, is on sale in hardcopy at Vandorp in Simpson Bay. The book is written in English from the primary legislation, decrees, ministerial orders, policy and the case law of the Sint Maarten and Kingdom courts, and states the law as at 1 January 2026. Its seven parts cover the foundations of the system, the taxation of individuals and of entities, indirect taxes and other levies, formal law, penalties and procedure, the international dimension, and special topics from practice. The companion volume Tax Legislation Sint Maarten 2026, an English translation of the tax laws, policies and regulations compiled by the same author, is also available at Vandorp.

Curaçao

Curaçao | Budget 2026, tax revenue

Curaçao's 2026 tax revenue estimate raised by XCG 95 million in the draft budget amendment

In its advice of 1 October 2026 on Curaçao's draft budget amendment for 2026, published on 23 October, the Board of Financial Supervision notes that the surplus on the ordinary service rises from XCG 19 million to XCG 124 million. Tax revenue is revised upward by XCG 95 million, from XCG 1,851 million to XCG 1,946 million, mainly profit tax (+38 million), turnover tax (+29 million), transfer tax (+14 million) and motor vehicle tax (+13 million). Dividends from government companies rise from XCG 7 million to XCG 46 million. Planned borrowing for investments is reduced to XCG 81 million. The Board points to the XCG 370 million bond maturing in 2030 and to the liquidity risk at the Curaçao Medical Center.

Board of Financial Supervision calls for qualitative tourism growth and a broader tax base in Curaçao

In a press release of 28 October 2026 the Cft says that tourism growth puts pressure on the airport, roads, the housing market and the reefs, and asks the government for an integrated vision on the sector. Citing IMF figures, the Board notes that employment is shifting to low-paid tourism jobs and informal activity while formal employment declines, which affects tax revenue and the funding of social insurance. It recommends more formal jobs, higher productivity, more local value added and a broader tax base, supported by targeted financial and fiscal incentives. Curaçao projects budget surpluses for 2027 to 2030, but the Board warns of risks at the Curaçao Medical Center and in the health and social security funds and, given the already high burden of taxes and premiums, urges reform there.

Aruba

Aruba | Income tax return 2025, BOi portal

Income tax return 2025 available in the BOi portal from 16 November 2026

The Departamento di Impuesto announced that the online portal BO impuesto (BOi) was unavailable for maintenance from 16:00 on 31 October and all day on 1 November 2026, and is back in service from 2 November. The 2025 personal income tax return will be available in BOi from 16 November 2026. The department refers taxpayers to its instruction videos on opening a BOi account.

Caribbean Netherlands

Caribbean Netherlands | Tax legislation 2027

Fiscal Omnibus Act BES islands 2027 published: higher property tax rate for hotels, ABB fiscal unity and service of writs by post

The Fiscale verzamelwet BES eilanden 2027 of 7 October 2026 was published in the Staatsblad on 27 October (Stb. 2026, 334) and takes effect on 1 January 2027. The reduced property tax rate for hotels owned by non-natural persons rises from 11 to 12 percent. A BES parent company and its wholly owned BES subsidiaries may, on joint request, form a fiscal unity for the general expenditure tax (ABB), with the tax levied from the parent. Commercially farmed agricultural land, including land under hydroculture and aquaculture installations, is exempted from transfer tax, with a claw-back if farming stops within ten years. The Receiver may serve a writ of execution by post and have motor vehicles stopped to enforce it, an administrative fine of up to USD 2,800 is introduced for certain wage tax and information defaults, and for cars and vans used alternately by several employees the wage tax is fixed at 7.5 percent of the new value per year.

Bonaire | Budget 2027, local levies

Board of Financial Supervision: Bonaire's revised 2027 budget is a step forward, with tourist tax of USD 16.5 million and a nature fee from 2027

In a press release of 26 October 2026, following its visit to the island, the Cft says the revised draft 2027 budget of the public entity Bonaire is an improvement but that concerns remain; in its advice of 12 October it could not establish whether the multi-year balance requirement is met. Total 2027 revenue is USD 153.2 million, of which USD 43.0 million comes from local levies. Tourist tax is the largest levy at USD 16.5 million. A nature fee of USD 4.1 million a year from 2027 is collected by STINAPA and booked in equal amounts as income and as expense for nature management. The Board asks Bonaire to budget the remaining commitments for Selibon and Lagun and to complete the overview of reserves.

Suriname

Suriname | Tax court proceedings bill

Committee of rapporteurs hears the judiciary, the Ministry of Finance and the tax service on the draft Act on Tax Court Proceedings

On 28 October 2026 the National Assembly's committee of rapporteurs for the package of seven tax bills discussed the draft Wet Rechtspraak Belastingzaken in two sessions. In the first it heard the Court of Justice, the Public Prosecution Service, the Ministry of Finance and Planning and the Belastingdienst Suriname; in the second, held virtually, Professor A. van Suilen, who had earlier briefed the committee on the relation between this bill and the draft General Tax Act. The package also contains the General Tax Act, the General Customs Act 2026, the Collection Act, the Collection Costs Act, the Act on the Tax Service and the implementing act for the General Tax Act.

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, the Caribbean Netherlands and Suriname. 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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