Dutch district court allows 25 % tax sparing credit on Brazilian interest on net equity

Earlier this month (on 1 May 2023), the Dutch district court in Breda (“Court”) decided that the Dutch taxpayer X BV has the right to apply a tax sparing credit of 25 % in relation to the “interest on net equity” (“IoNE”) it received from a Brazilian subsidiary. This because, according to the Court, unclarity on the qualification of the IoNE (as dividend or interest) should not lead to adverse tax consequences for taxpayers; they should be entitled to the most beneficial position.

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