Expat entrepreneur reviewing documents at a sunlit Amsterdam canal-side café, Dutch gabled buildings reflected in calm water behind them.

What support is available for expat entrepreneurs in Amsterdam?

Russell Advocaten ·

Expat entrepreneurs in Amsterdam have access to a broad range of legal structures, registration pathways, government support programmes, and visa options designed to help international founders establish and grow a business in the Netherlands. The support available spans municipal services, national government schemes, and tax facilities, though the right combination depends on your nationality, business model, and employment plans. The sections below address the most common questions expat entrepreneurs ask when setting up a business in Amsterdam.

What legal structures are available to expat entrepreneurs in Amsterdam?

Expat entrepreneurs in Amsterdam can choose from the same legal structures available to Dutch nationals. The most commonly used forms are the eenmanszaak (sole trader), the vennootschap onder firma (general partnership), and the besloten vennootschap (BV, a private limited company). For most internationally oriented businesses, the BV is the preferred structure because it offers limited liability and a clear corporate governance framework.

The choice of structure has significant consequences for liability, taxation, and administrative obligations. A sole trader is straightforward to register and maintain, but the owner bears personal liability for all business debts. A BV, by contrast, separates the entrepreneur’s personal assets from those of the company, a meaningful protection when operating in an unfamiliar legal environment.

Non-EU entrepreneurs should be aware that certain structures may interact with their residence permit conditions. For example, a residence permit for a self-employed person or a start-up visa may impose specific requirements about the nature and scale of business activity. The structure chosen should align with those permit conditions from the outset.

Depending on the sector, additional regulatory requirements may apply, for instance, regulated professions require specific licences before trading can begin. It is advisable to seek legal advice for expats at the structuring stage, before registration, to avoid costly restructuring later.

How does an expat register a business in the Netherlands?

Registering a business in the Netherlands requires enrolment in the Handelsregister (Trade Register) maintained by the Netherlands Chamber of Commerce, known as the KVK (Kamer van Koophandel). Every business, regardless of legal form or the nationality of its founder, must be registered with the KVK before commencing commercial activity. Registration can be completed online or in person at a KVK office.

The registration process involves the following steps:

  1. Select the appropriate legal structure for your business.
  2. Prepare the required documentation, including valid identification and, for a BV, a notarially executed deed of incorporation.
  3. Register with the KVK and obtain a KVK number and, where applicable, a VAT (BTW) number from the Dutch Tax Administration.
  4. Open a Dutch business bank account – most banks require the KVK registration certificate.
  5. Register with the Dutch Tax Administration for corporate income tax, VAT, and, if you employ staff, payroll tax.

For non-EU nationals, a valid residence permit authorising self-employment or entrepreneurship must be in place before or alongside registration. Attempting to register without the correct immigration status can create complications with both the KVK and the Immigration and Naturalisation Service (IND).

Incorporating a BV also requires a Dutch civil-law notary to draft and execute the articles of association. This is a legal requirement and cannot be bypassed. The notary will verify the identity of the founders and ensure the deed complies with Dutch company law.

What government and municipal support programmes exist for expat entrepreneurs?

Several government and municipal bodies offer structured support for entrepreneurs establishing a business in the Netherlands, including those relocating from abroad. The most relevant programmes for expat entrepreneurs in Amsterdam are operated by the Netherlands Enterprise Agency (RVO), the Amsterdam Economic Board, and IN Amsterdam, the official expat centre of the City of Amsterdam.

Key programmes and resources include:

  • IN Amsterdam: The municipal expat centre provides practical guidance on living and working in Amsterdam, including business registration, housing, and integration. Russell Advocaten is an official partner of IN Amsterdam, reflecting the firm’s long-standing involvement with the international business community in the city.
  • Netherlands Enterprise Agency (RVO): The RVO administers the start-up visa programme and assesses applications for residence permits for self-employed persons. It also provides information on subsidies, innovation funding, and sector-specific support.
  • Amsterdam InBusiness: This initiative, part of the Amsterdam metropolitan area’s economic development efforts, supports foreign companies and entrepreneurs looking to establish or expand operations in the region.
  • Recognised facilitators for the start-up visa: Entrepreneurs applying for a start-up visa must work with a facilitator recognised by the RVO. These facilitators provide mentoring, business development support, and connections to investors and networks.

It is worth noting that support programmes change over time, and eligibility criteria are subject to periodic revision. Consulting an adviser familiar with the current landscape is the most reliable way to identify which programmes apply to your specific situation.

What visa and residence permit options apply to non-EU entrepreneurs in Amsterdam?

Non-EU nationals who wish to start or run a business in the Netherlands must hold an appropriate residence permit. The two principal routes for expat entrepreneurs are the residence permit for self-employed persons and the start-up visa (officially the residence permit for start-up entrepreneurs).

Residence permit for self-employed persons

This permit is suited to established entrepreneurs and freelancers who wish to operate independently in the Netherlands. To qualify, the applicant must demonstrate that their business activity provides a substantial benefit to the Dutch economy. The RVO assesses applications using a points-based system across three areas: personal experience (training, entrepreneurship, and work history), business value (market analysis, product or service, pricing, and financing), and added value for the Netherlands (innovation, job creation, and investment).

Applicants must also present a credible business plan and, for freelancers, evidence of one or more Dutch-based clients. Certain regulated professions require additional licences or registration with a professional body before a permit can be granted.

Start-up visa

The start-up visa was introduced to attract innovative foreign entrepreneurs to the Netherlands. It is valid for one year and is designed for those in the early stages of building an innovative business. Key conditions include:

  • A signed agreement with a recognised facilitator approved by the RVO.
  • An innovative product or service, for example, one that is new to the Dutch market, uses new technology, or introduces a new business model.
  • Active involvement in the business (not merely as a shareholder or financier).
  • A solid business plan covering organisational structure, roles, goals, and a description of the product or service.
  • Sufficient personal financial resources to support yourself during the start-up period.
  • Registration of the business with the KVK.

After the start-up year, entrepreneurs who have made sufficient progress may transition to a residence permit for self-employed persons. The immigration landscape for entrepreneurs is complex and subject to change, so professional guidance is strongly recommended before submitting any application.

What employment law obligations apply when an expat business hires staff in Amsterdam?

When an expat-founded business in Amsterdam hires employees, it becomes subject to Dutch employment law in full, regardless of the nationality of the employer or the employees. Dutch labour law is comprehensive and offers employees significant protections, which can come as a surprise to entrepreneurs accustomed to more flexible frameworks.

Core obligations include:

  • Written employment contracts: While oral contracts are technically valid, written agreements are strongly advisable and in practice expected. Contracts must comply with Dutch statutory requirements on working hours, notice periods, and termination conditions.
  • Minimum wage: All employees must be paid at least the statutory minimum wage (minimumloon), which is updated periodically.
  • Payroll tax registration: Employers must register with the Dutch Tax Administration as a withholding agent and administer payroll tax, national insurance contributions, and, where applicable, employee insurance premiums.
  • Dismissal law: The Netherlands has a regulated dismissal system. Depending on the grounds for termination, employers must either obtain permission from the UWV (Employee Insurance Agency) or apply to the subdistrict court. Unilateral dismissal without following the correct procedure is not permitted.
  • Collective labour agreements (CAO): Many sectors are governed by a CAO, which sets minimum terms and conditions above the statutory baseline. Employers in those sectors are bound by the applicable CAO, even if they were unaware of it.

If the business recruits skilled employees from abroad, the Expat Scheme (formerly known as the 30% ruling) may be available. This facility allows employers to pay eligible foreign employees a tax-free allowance to compensate for extraterritorial costs. As of 2026, the maximum untaxed allowance is €78,600, applicable to employees earning €262,000 or more annually. For 2026, the minimum salary threshold to qualify is €48,013 (or €36,497 for employees under 30 with a Dutch academic master’s degree or equivalent). Employers must apply for a formal decision (beschikking) from the Dutch Tax Administration within four months of the employee’s first working day.

It is important to note that the Expat Scheme is a tax facility, distinct from the highly skilled migrant residence permit, which is issued by the IND. The two may apply simultaneously but are governed by separate rules and administered by different authorities.

When should an expat entrepreneur seek specialist legal advice in Amsterdam?

An expat entrepreneur should seek specialist legal advice at several key stages: before choosing a legal structure, before applying for a visa or residence permit, when drafting or signing commercial contracts, and whenever an employment dispute or regulatory issue arises. Early legal guidance is consistently more cost-effective than resolving problems after they have escalated.

Specific situations that warrant professional legal input include:

  • Selecting and incorporating a legal entity, particularly when multiple founders or investors are involved.
  • Applying for a start-up visa or self-employed residence permit, where the quality of the business plan and supporting documentation directly affects the outcome.
  • Negotiating commercial leases for office or retail space in Amsterdam, where Dutch tenancy law imposes specific rules on both parties.
  • Drafting shareholder agreements, co-founder arrangements, or investment agreements.
  • Hiring the first employees and establishing compliant employment contracts and payroll arrangements.
  • Applying for the Expat Scheme on behalf of internationally recruited staff, including managing changes in employment and the transition rules introduced since 1 January 2024.
  • Navigating disputes with landlords, suppliers, clients, or employees under Dutch law.

The complexity of Dutch law, combined with the added layer of immigration requirements for non-EU nationals, means that general business advice is rarely sufficient. Specialist legal counsel with genuine cross-border experience provides both accuracy and the practical insight that comes from working regularly with international entrepreneurs in the Dutch market.

How Russell Advocaten supports expat entrepreneurs in Amsterdam

Russell Advocaten is an internationally oriented law firm based in Amsterdam, with more than 80 years of experience advising businesses, directors, and individuals on Dutch law. The firm’s lawyers communicate fluently in English, German, and Dutch, a practical advantage for expat entrepreneurs who need reliable legal advice without language barriers.

For expat entrepreneurs specifically, Russell Advocaten offers support across the full range of issues that arise when setting up a business in the Netherlands:

  • Advising on the most appropriate legal structure for your business and assisting with incorporation.
  • Providing guidance on visa and residence permit options for non-EU entrepreneurs, in the context of the firm’s broader expat practice.
  • Drafting and reviewing commercial contracts, shareholder agreements, and lease agreements under Dutch law.
  • Advising on Dutch employment law obligations when hiring staff, including the Expat Scheme for internationally recruited employees.
  • Supporting clients through disputes, regulatory matters, and cross-border legal questions via the Primerus network of 3,000 lawyers in 40 countries.

Russell Advocaten is an official partner of IN Amsterdam, the City of Amsterdam’s expat centre, and has been recommended by the Legal 500 for many years. The firm regularly organises workshops on Dutch law for the international community in Amsterdam.

If you are an expat entrepreneur looking for clear, practical legal guidance on setting up a business in the Netherlands, Russell Advocaten is well placed to assist. Contact the firm to discuss your situation with one of its lawyers.

This information is general in nature and does not constitute legal advice for your specific situation. Please consult a lawyer at Russell Advocaten for advice tailored to your circumstances.

Veelgestelde vragen

Can I register a business in the Netherlands while my residence permit application is still pending?

In most cases, you should not commence commercial activity before your residence permit is approved, as doing so without the correct immigration status can jeopardise both your KVK registration and your permit application with the IND. However, the precise timing depends on your nationality, current visa status, and the permit route you are pursuing. A specialist immigration lawyer can advise you on how to sequence the registration and permit application steps correctly to avoid complications.

What are the most common mistakes expat entrepreneurs make when incorporating a BV in the Netherlands?

The most frequent mistakes include underestimating the role of the Dutch civil-law notary (whose involvement is legally mandatory), failing to align the chosen legal structure with existing residence permit conditions, and neglecting to draft a shareholder or co-founder agreement before incorporation. Another common oversight is not registering for VAT and corporate income tax promptly after receiving the KVK number, which can result in penalties. Getting legal advice before, rather than after, incorporation prevents the majority of these issues.

How long does it typically take to obtain a start-up visa for the Netherlands, and what can I do to strengthen my application?

The IND aims to decide on start-up visa applications within 90 days of receiving a complete application, though processing times can vary. The single most effective way to strengthen your application is to develop a detailed, evidence-based business plan that clearly demonstrates the innovative nature of your product or service and its added value to the Dutch market. Partnering early with an RVO-recognised facilitator is also essential, as their endorsement is a mandatory condition and they can provide guidance on what the RVO expects to see in a credible application.

After my start-up visa year ends, what do I need to demonstrate to transition to a self-employed residence permit?

To transition successfully, you will need to show the RVO that you have made meaningful progress during the start-up year — typically evidenced by milestones such as a validated product or service, paying customers or signed contracts, secured funding, or measurable business growth. The RVO will reassess your application using its points-based system, evaluating your personal experience, the commercial viability of your business, and its added value to the Dutch economy. It is advisable to document your progress systematically throughout the start-up year so that you have clear evidence ready when you apply for the transition.

Does my expat business need to comply with Dutch employment law if I hire remote workers based outside the Netherlands?

The answer depends on several factors, including where the employee habitually works, the terms of the employment contract, and applicable EU or international private law rules. If an employee is genuinely based and working outside the Netherlands, Dutch employment law may not apply in full, but mandatory provisions of the employee’s country of residence often will. If you are hiring remotely across borders, it is important to seek legal advice on which jurisdiction’s employment law governs each contract, as getting this wrong can expose your business to claims in multiple countries.

Can I apply for the Expat Scheme (formerly the 30% ruling) for myself as a director-shareholder of my own BV?

Yes, it is possible for a director-shareholder (directeur-grootaandeelhouder, or DGA) to benefit from the Expat Scheme, provided all eligibility conditions are met — including the salary thresholds, the requirement to have been recruited from abroad, and the condition that you were not living within 150 kilometres of the Dutch border for more than 16 of the 24 months prior to starting work in the Netherlands. However, the rules for DGAs involve additional complexity, particularly around demonstrating an arm’s-length employment relationship between you and your own company. Professional advice is strongly recommended before applying.

Are there any sector-specific restrictions or licences I should be aware of before starting a business in Amsterdam?

Yes — certain sectors in the Netherlands require specific licences, registrations, or professional qualifications before you can legally trade. Common examples include financial services (regulated by the AFM and DNB), healthcare professions (registered with the BIG register), legal and notarial services, real estate agencies, and food and hospitality businesses (which require a municipal permit). Failing to obtain the correct licence before commencing activity can result in fines, forced closure, or complications with your residence permit. It is worth conducting a sector-specific regulatory check as part of your pre-registration planning.

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