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News

VAT and holding companies: European Court of Justice accepts the right to deduct input VAT on broken-deal costs

On 17 October 2018 the Court of Justice of the European Union (‘CJEU’) rendered its decision in the Ryanair case (C-249/17). This decision handles the issue of input VAT recovery for costs in connection with unsuccessful share deals (broken-deal costs). Below we will highlight the importance of this decision for practice, more in particular Private Equity and M&A in general.

The Netherlands: Revised Tax Plan 2019

On Budget Day (18 September 2018), the new tax measures for 2019 and further were published. Earlier this week, on 15 October 2018, the Dutch government announced that its initial budget proposals will already partially be revised. After heavy debates…

The Netherlands: Tax Plan 2019

On Budget Day (18 September 2018), the Dutch government published the new tax measures for 2019 and beyond. The package also includes the long-awaited proposals for the implementation of ATAD1, such as the earnings stripping rules and CFC. Other highlights…

Introduction Withholding Tax Act 2020

On Budget Day 2018, the Dutch government released its much debated proposal to abolish the  dividend withholding tax of 15% as of 2020. Instead of the current provisions, a new specific withholding tax will be introduced for abusive situations. Proposal…

Implementation of ATAD1 In Dutch Tax Law

On Budget Day, the Dutch government submitted a legislative proposal regarding the implementation of the Anti-Tax Avoidance Directive as agreed mid 2016 by the EU member states (“ATAD1”). The most important measures are the earnings stripping rules that limit the…

Staatssecretaris: verhuur gedeelte van de eigen woning via AirBnB ook belast

De staatssecretaris van Financiën heeft kamervragen van D66 beantwoord over de fiscale gevolgen van de verhuur van een gedeelte van een eigen woning via AirBnB. Volgens de huidige regelgeving dient 70% van de netto-inkomsten uit verhuur van de eigen woning opgeteld te worden bij het eigenwoningforfait in box 1 van de inkomstenbelasting, waar het tegen (tot) 51,95% belast is.

European Court of Justice rules on VAT treatment Payment Services

With the rise of eCommerce, online platforms and FinTech the use of payment services or payment service providers, has substantially increased. As most (online) platforms, eCommerce  platforms or applications and FinTech companies offer payment solutions, activities relating to payments and money transfers are increasingly carried out by regular businesses instead of banks or traditional financial institutions. An everyday example would be the online marketplace or platform which also facilitates (the collection of) the payment of the goods and/ or services that are sold through their platform to consumers. In practice, it has not always been fully clear if, and to what extent such payment solutions are VAT exempt.

Technical memorandum on the OECD’s non-consensus discussion draft on the transfer pricing aspects of financial transactions

Frank Schwarte, Lennaert Mosk and Mick Willemsen have written a technical memorandum on the recently published, non-consensus, discussion draft on financial transactions. The highly anticipated discussion draft, released by the OECD on July 3, 2018, focuses on the transfer pricing aspects of financial transactions. The memorandum provides a summary of the content of the discussion draft, an overview of the status, and the key takeaways.