Valuation of BV Shares in DGA Divorce in Delft: Methods and Valuations
In Delft, with its thriving tech and innovation sector around TU Delft, the value of BV shares often forms the biggest stumbling block in a DGA's divorce. Under Article 1:141 DCC, the value increase during the marriage must be divided through periodic equalization. Three common valuation methods are discounted cash flow (DCF), multiples of EBITDA, and net asset value, particularly relevant for Delft startups and family businesses.
DCF calculates future cash flows with a discount rate of 8-12%, adjusted to the risk of Delft high-tech enterprises. Multiples vary by sector: 4-8x EBITDA for SMEs in the Delft region, with higher values for innovative firms near the YES!Delft incubator. For goodwill, the formula 'average profit x 3-5' often applies, taking into account local subsidies. Registered accountants or valuation experts from Delft or The Hague perform this, with reporting for the District Court of The Hague, Delft location.
Fiscal considerations in Delft: upon transfer of shares, the Income Tax Act 2001 applies with possible cessation levy on FOR, reinforced by regional tax advisors. Marital agreements with cold exclusion protect the Delft entrepreneur, but require periodic equalization of asset growth. Practice examples from Delft show summary proceedings at the local court for provisional valuation, preventing blockages. After agreement, share transfer follows via a Delft notary, with adjustment of articles of association and attention to local real estate values in the city center.
Tip: have both parties appoint their own valuer from the Delft region, such as those affiliated with local accounting firm networks, for maximum objectivity and insight into the regional market.