Part of Svalner Atlas Group
Part of Svalner Atlas Group
Herziening voor btw op kostbare diensten Al in 2005 is een wetsvoorstel ingediend met betrekking tot het invoeren van een herzieningsregeling op kostbare diensten. Deze regeling zou een uitbreiding zijn van de toenmalige en huidige herzieningsregeling op investeringsgoederen. Het wetsvoorstel…
The Dutch Deputy Minister of Finance published a preliminary tax proposal for consultation on 16 May 2017 with proposed changes to the Dutch Dividend Tax Act. These changes include a withholding obligation for holding cooperatives and the extension of the withholding tax exemption for both corporate shareholders and members of cooperatives in active business structures. The final legislative proposal is expected later this year on Budget Day (19 September 2017) and is likely to be enacted as of 1 January 2018.
In April 2017, the Dutch Supreme Court issued four rulings in ten cases on tax planning structures set up by the international banking group Credit Suisse. The rulings of the Dutch Supreme Court provide insights and clarification on the abuse…
A team of Atlas Tax Lawyers led by Matthijs Wierenga (tax partner) and Frank Schwarte (transfer pricing partner) has assisted the biotech company argenx reach an agreement with the Dutch tax authorities regarding an anticipated business restructuring. In the business…
On 21 February 2017, the EU Member States reached an agreement on the proposed amendments to the Anti-Tax Avoidance Directive (“ATAD”). One of objectives of this new Directive (“ATAD 2”) is to neutralise the effects of hybrid mismatches between EU Members States and third countries. For the Netherlands, the new provisions might have an impact on many tax planning structures such as the CV/BV structures with the US.
On 21 March 2017, the Dutch Ministry of Finance submitted a letter to Parliament confirming their views regarding the Multilateral Instrument (“MLI”). The position of the Netherlands is in line with the announcement of October 2016.
Recently the European Court of Justice (“EJC”) ruled that a Dutch fiscal investment institution (Fiscale beleggingsinstelling or “FBI”) is not entitled to invoke the Parent-Subsidiary Directive (90/435/EEG) (“Directive”) as a FBI cannot be qualified as a ‘company of a member state’ based on the ‘subject-to-tax’ clause.
On March 31, 2017 a draft bill on the implementation of the Ultimate Beneficial Owner (UBO) register was presented for public consultation. The bill results from the European Directive 2015/849 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing and seeks to implement a central register which contains information on ultimate beneficial owners (“UBO”) of companies or other legal entities which are incorporated in the Netherlands. The UBO register will be part of the trade register and such the Commercial Register Act 2007 will be adjusted. More details on the relevant definitions will be included in an Order in Counsel (algemene maatregel van bestuur).
Rechtbank Gelderland heeft onlangs een interessante uitspraak gedaan die van belang kan zijn voor de private-equity praktijk. Volgens de rechtbank vormt de verkrijging van een lucratief belang met een envy-factor geen loon.
A new Decree Participation Exemption (the “Decree”), dated 20 January 2017, has been released. The Decree describes further guidelines on the participation exemption regime and replaces the previous Decree of 12 July 2010. The Decree provides for a large number of editorial changes as well as several new approvals and clarifications on the participation exemption rules.
Atlas Tax Lawyers is pleased to announce it has established a Brazilian Desk. The desk will be headed by both Brazilian tax lawyer Martha Formenti, new associate at Atlas, and Ivo Kuipers, partner at Atlas.
Recently the Advocate General (“AG”) rendered its opinion on the Dutch interest deduction limitation rule of article 10a CITA. According to the AG article 10a CITA is also applicable in case of a group debt that is indirectly financed with external debt if the group debt and the external debt are not almost identical.