News

Recent heeft het Hof Van Justitie van de EU geoordeeld dat een commissaris, ondanks dat de toezichthoudende activiteiten gezien kan worden als een economische activiteit, geen btw ondernemer is. Dit…

On 26 February 2019, the Court of Justice of the European Union (CJEU) took a decision in the so-called “Beneficial Ownership Cases”, concerning the application of the Interest and Royalty Directive (IRD) and the Parent-/Subsidiary Directive (PSD). In the decisions, the CJEU ruled that Member States must deny the benefits granted under the two Directives in case of an abusive situation. In response of this CJEU ruling, members of the Dutch parliament raised several questions to the Ministry of Finance on the interpretation of the rulings and the Dutch reading of ‘abusive structures’. In a letter of 14 June 2019, the Dutch State Secretary of Finance addressed the questions.

On 31 May 2019, the Organisation for Economic Co-operation and Development (OECD) released a Workplan (“Programme of Work to Develop a Consensus Solution to the Tax Challenges Arising from the Digitalisation of the Economy”) setting out a process to reach a new global agreement on future taxation of multinational enterprises. The workplan aims to resolve the tax challenges arising from the global  digitalisation of economies and explores technical issues to be resolved through two main pillars (see our newsalert here on the two main pillars).

In December 2018 the Dutch State Secretary of Finance announced that he would introduce a new policy for obtaining tax rulings with an international character. On 23 April 2019 a…

Internet consultation limitation of current liquidation loss scheme

Three members of the Dutch House of Representatives jointly prepared a legislative proposal that should limit the current liquidation loss scheme (applicable to participations) and the related cessation loss scheme (applicable to permanent establishments) on 16 April 2019. The legislative proposal and the Explanatory Memorandum were published as an internet consultation to give interested parties the opportunity to respond to the draft legislative proposal.

Currently the liquidation loss scheme and the related cessation loss scheme enable Dutch taxpayers to offset their liquidation losses related to worldwide subsidiaries and permanent establishments at the moment these losses would otherwise be permanently lost. The legislative proposal suggests to include a material, territorial and temporal limitation to these schemes.

Over the past years, Atlas, Tiberghien and T/A economics have been working towards the formation of a full-scope global supply chain tax group. With the most recent hires of customs…

Custom expert Gooike van Slooten joins Atlas Over the last few months Atlas continued growing its Indirect Tax and Customs practice. After global Indirect Tax experts Johan Visser and Dasha…

Op 4 april 2019 is de “Implementatiewet registratie van uiteindelijk belanghebbenden van vennootschappen en andere juridische entiteiten” (het UBO-register) bij de Tweede Kamer ingediend.