Valuation of BV Shares in DGA Divorce in Rijswijk: Methods and Valuations
In Rijswijk, a vibrant business center near Den Haag, the value of BV shares often forms the biggest stumbling block in a DGA divorce. Under Article 1:141 of the Dutch Civil Code (BW), the value increase during the marriage must be divided through periodic equalization. Local courts in Den Haag, which handle cases from Rijswijk, apply three common valuation methods: discounted cash flow (DCF), multiples of EBITDA, and net asset value.
DCF calculates future cash flows with a discount rate of 8-12%, tailored to regional risks such as proximity to government agencies and SME competition. Multiples vary by sector: 4-8x EBITDA for Rijswijk SME companies in tech or services. For goodwill, the formula 'average profit x 3-5' often applies, particularly relevant for local business parks such as In de Bogaard. Registered accountants or valuation experts from the region, affiliated with NIVRA, perform this with reporting for the judge in Den Haag.
Tax considerations in transfer: the Income Tax Act 2001 (Wet IB 2001) may trigger cessation levy on FOR. Marital property agreements with cold exclusion provide protection but require equalization of asset growth. In Rijswijk practice, summary proceedings at the Den Haag District Court prevent blockages through provisional valuation. Upon agreement, share transfer follows via a local notary, with articles of association amendment and registration at the Trade Register (KvK) in Den Haag.
Tip: have both parties appoint a valuer from Rijswijk or surroundings, such as specialists from regional firms, for maximum objectivity and insight into local market conditions.