Newsletters

Our newsletters were published 8 - 10 times per year. They containsummaries on the latest relevant tax developments with extensive links to the relevant (proposals of) laws, memoranda and other background documentation.

Newsletters
2006-09
"Working for profit" bill adopted by Second Chamber
MOU on simultaneous audits in the Netherlands and Canada
Supreme Court rules on minimum holding period participation
High Court on acquisition costs participation and ECHR
Other points of interest
-    Tax Plan 2007 submitte
EU RELATED TAX DEVELOPMENTS
Case C-290/04, FKP Konzertproduktionen GmbH
Case C-386/04, Centro di Musicologia Walter Stauffer
Case C-196/04 Cadbury Schweppes
Case C-452/04 Fidium Finanz AG
Case C-470/04 N
Hot links
2006-08
Update on major overhaul business income taxation
Local Court reiterates: Exit tax contravenes good treaty faith
Dutch/French Code of Conduct on MAP’s
Other points of interest
-    Consolidated functional currency decree
-    Expired obligations
EU RELATED TAX DEVELOPMENTS
Deductibility costs of Turkish participation
Local Court rules on Dutch Marks & Spencer case
Dutch dividend tax developments
Hot links
2006-06
Bill submitted for major overhaul business income taxation
Supreme Court misses opportunity in foreign entity classification
Dutch tax treaty negotiations update
Other points of interest
-    Participation exemption: intermediate holdco's
-    Treaty qualification of redemption of shares
-    Hierarchy tax exemptions and tax credits
-    Belgian emigration and place of management
EU RELATED TAX DEVELOPMENTS
No Dutch dividend tax on 2.25% strategic interest of EU Co’s
EC Competition fine partially deductible
No Bosal for third countries (again)
ECJ Rules in the Conijn Case (C-346/04)
2006-05
Corporate Income Tax reduced to 25%, dividend tax to 15%
Bill for new Dutch investment vehicle
Supreme Court on BV emigration combined with liquidation
Other points of interest
-    Consolidation and acquisition costs
-    Consolidation and loss from liquidation
-    Loss carry forwards and transfer of shares
-    New 2001 loss limitation rules
EU RELATED TAX DEVELOPMENTS
Hot links
2006-04
Supreme Court: 2210 perpetual qualifies as a loan
Court rules on debt conversion & participation exemption
Ministry issues decree on tax transparent investment funds
High Court on emission costs of securities & interest free loan
Other points of interest
-    Conversion of legal persons
-    Tax return by SMS
EU RELATED TAX DEVELOPMENTS
Supreme Court ask questions re. mutual investment fund regime
The spirit of Bosal lingers on
Exit tax: Opinion in the N-case and Local Court ruling
Hot links
2006-03
New decree on hybrid entities issued
High Court rules on residence under tax treaties
0% dividend tax to Netherlands Antilles announced
Other points of interest
-    Supreme Court: Consolidated group request by tax return
-    Two decrees published on delegation of cross border exchange of information
-    Collective decree on tax consequences of converting legal entities
EU RELATED TAX DEVELOPMENTS
Keller Holdings GmbH (Case C-471/04)
CLT-UFA SA (Case C-253/03)
Hilten van der Heijden (Case C-513/03)
Hot links
2006-02
General decree on participation exemption
Supreme Court rules on tax consolidated groups
0% dividend tax to Netherlands Antilles announced
Other points of interest
-    Dutch/Greek Treaty protocol signed
-    Collective decrees on tax treatment of co-operatives and mutual investment funds
EU RELATED TAX DEVELOPMENTS
Two cases on Bosal and third countries
Amendments to P/S directive implemented into Dutch law
Supreme Court rules on application of Merger Directive
Various Courts decide on capital duty
High Court rules on free movement of workers
Hot links
2006-01
Supreme Court rules on treatment Pret Participatif and Titre Subordinée à Duree Indeterminée
High Court rules on the netting of forwards and futures
0% dividend tax to Netherlands Antilles announced
Ministry reissues decree on interest deduction limitations
Ministry reissues decree on Trusts & NA private foundations
Ministry reissues decree on limitations on loss compensation
2007 Taxplan discussed in parliament
Various bills accepted by Dutch First and Second Chambers
New mutual fund vehicle announced
Other points of interest
-    Supreme Court: Third loan loss, not part of ruling income
-    Supreme Court: Belgian BBC not resident in Netherlands
-    Supreme Court: Dutch branch Belgian Bank not only financed with debt
-    Real estate transfer tax exemption extended
-    Participations in transparent entities specified per item
-    Market interest rates for valuing long term interest free loans
EU RELATED TAX DEVELOPMENTS
Advocate General advises on question of abuse in merger
Painful omission leads to capital duty
Decree on dividends to and from Switzerland
Hot links
2005-11
Tax Plan 2006
Local Court rules on residence Belgian Coordination Center
Supreme Court rules on 12 year statute of limitations
Shares in group finance company are portfolio investment
High Court applies participation exemption to option
Other points of interest
-    Debt conversion bill discussed in First Chamber
-    Q&Commentaries to the 2006 Corporate Tax Package
-    Supreme Court: Paying exempt gain to third party not deductible
-    Q&Protocol to Dutch/Estonian tax treaty
-    Mutual Agreement procedure with Isle of Man
EU RELATED TAX DEVELOPMENTS
Fokus bank hits the Dutch courts
Ministry publishes overview Dutch cases before ECJ
Supreme Court decides on Bosal's costs of litigation
Is Dutch Dividend withholding tax on its way out?
State Secretary talks about the 2007 Corporate tax regime
Hot links
2005-10
2006 Corporate Tax Package: Capital Duty abolished and top corporate tax rate down to 29.6%
Supreme Court prevents additional assessment under ruling and determines documents tax authorities may require
Advocate General opines on banking branches
Other points of interest
-    Abolishing group financing regime
-    Answers on conversion debt to equity bill
-    AG opinion on Swiss treaty and application Dutch unilateral decree
-    Decree on newly formed subsidiary joining consolidated group
EU RELATED TAX DEVELOPMENTS
State Secretary responds to questions on Parent/Subsidiary Directive
Dutch capital duty cases
Hot links
2005-09
Supreme Court decides on US-Dutch tax treaty and the prevention of double taxation
Q&A published on the 2004 US/Dutch treaty protocol
Decree on filing electronic requests for dividend tax refunds
Supreme Court classifies temporary repurchase of shares
Other points of interest
-    Creditor allows receivable to lapse
-    Q&A Decree on 30% facility
-    Supreme Court: Ruling v Subsequent policy
EU RELATED TAX DEVELOPMENTS
Supreme Court rules on capital duty levied from immigrated company
Hot links
2005-08
High Court confirms hierarchy between branch exemption and withholding tax credits
High Court applies loss limitation rules strictly
VAT decision on cross border lease transactions
Dutch business responds to planned tax changes 2007
Other point of interest
-    Asset mergers against preference shares
EU RELATED TAX DEVELOPMENTS
Hot links
2005-07
Decree on share mergers and dividend tax reissued
Supreme Court denies application of interest limitation rules
New figures on Dutch ruling practice issued
Decree on hybrid entities in Dutch / US relations (BV/CV structures)
EU RELATED TAX DEVELOPMENTS
ECJ decides D-Case in favour of government
Advocate General advises in Hilten van der Heijden
The Savings Directive
Hot links
2005-04
Dutch government publishes proposals for 2007 tax system
Proposed bill on converting branches to participations
Dutch / Chinese treaty on air tax in groundbreaking format
Valuation of bonds acquired above par value
Supreme Court on treatment of cash settled convertibles
EU RELATED TAX DEVELOPMENTS
Foreseeable emigration of BV’s and waiving their pension liabilities
Bill allows occupational pension policies from other member states
2005-03
Supreme Court creates clarity on "Reasonable time" for fines
Debt conversion bill acquires retro-active effect
Overview of Dutch treaty negotiations
Abolishment of Dutch capital duty
Other points of interest
-    Exchange of information treaty with Poland
-    Bill for abolishment group finance company regime
-    Decrease in value shares after acquisition but prior to receipt
EU RELATED TAX DEVELOPMENTS
Implementation amended Parent/Subsidiary Directive
Supreme Court determines that Bosal is not applicable to 3rd countries
2005-02
Debt conversion bill finally acquires retro-active effect
Tax inspector ordered to pay Euro 72.000 litigation fees
New figures on Dutch ruling practice issued
Other points of interest
-    Parliamentary questions on US/Dutch treaty protocol
-    Unilateral double tax decree not applicable to Swiss treaty
EU RELATED TAX DEVELOPMENTS
High Court rules on application Bosal to third countries
Possible changes of law regarding abuse of legal persons
Hot links
2005-01
High Court rules on French hybrid financing instruments
Convertible bonds qualify for participation exemption
Dutch industry strongly criticises debt conversion bill
Tax consolidation does not cause companies to be disregarded for treaty purposes
Other points of interest
-    Roll over capital gains on shares
-    Capital duty: no asset merger exemption from 2 contributors
EU RELATED TAX DEVELOPMENTS
Supreme Court decides on damages in Ascher case
ECJ decision introduced late in procedure is irrelevant
Savings Directive extended to Netherlands Antilles
State Secretary believes Dutch exit taxes are EU compliant
Dutch group finance company regime abolished
FII Group litigation case
Hot links
2004-12
Decree on entity classification
Decree on participation exemption and hybrid entities
Preliminary ruling on deductibility of waived interest
Dutch international tax Q&A Decree
NA NV not resident in the Netherlands
Capital duty Q&A Decree
Decree on participation exemption and earn-out arrangements
Other points of interest
-    Third protocol Dutch/German tax treaty
-    Corporate income tax rate 31.5%
-    Two fact finding Courts in tax cases
EU RELATED TAX DEVELOPMENTS
Decree on implementation amendments to P/S Directive
Supreme Court decides in Irish interest free loan case/EU law
Capital duty exemption for contribution (almost) total equity
Hot link
2004-11
Ministerial Decree on Securitisation and profit sharing loans
Treaty update: New Zealand, Estonia, Lithuania & Sweden
Waiving of written down receivable is not taxable in NL
Decree on special employee stock options
Decree on the expiration of the statute of limitation on debts
US approves protocol to US/Dutch tax treaty
Other points of interest
-    Loan to near bankrupt Parent is hidden profit distribution
-    Fishing GmbH resident in the Netherlands
-    Can Limited Partners be so passive that there is no LP?
EU RELATED TAX DEVELOPMENTS
Dutch Supreme Court decides on application of Bosal
Amendments to double tax relief following De Groot
Advocate General advises in D-Case
EFTA Court decides in the Fokus Bank Case
Hot links
2004-10
Various proposals of law
Calculating exempt gains under participation exemption
Paying exempt gain to third party not deductible
Loan not requalified as informal share capital
Q&A Decree on transfer of losses upon deconsolidation
New general decree for treaty dividend/interest reductions/refunds
Call and put options can not transfer beneficial ownership
Other points of interest
-    Deemed interest deductible
-    Management and financial services split for VAT
-    Gibraltar Co's qualify for Parent/Subsidiary Directive
-    KLM Protocol to Dutch/French tax treaty
-    Interest deduction limitation under art.10a'2
EU RELATED TAX DEVELOPMENTS
Proposed laws on exchange of information
Proposed law to implement Hughes de Lasteyrie du Sailliant
Dutch High Court rules on freedom to provide services
Hot links
2004-09
Various Dutch Decrees on advance certainty reissued
Amendments to the tax regime of the Netherlands Antilles
Dutch dividend tax on acquired foreign profit reserves
Other points of interest
-    12 year statute of limitations
-    Slovanian & Albanian treaties
EU RELATED TAX DEVELOPMENTS
High Court of Den Bosch applies the De Groot decision
ECJ Decides in the Petri Manninen Case
2004-08
Decree on tax consolidation of foreign tax relief
Extra difficult burden of proof financial institutions
Proposed law on debt conversion and writing down participations
Other points of interest
-    VAT on sale of shares
-    Belgian & Latvian treaties
-    Written down loan not recharacterised as equity
EU RELATED TAX DEVELOPMENTS
ECJ cases: Anneliese Lenz & Jean-Claude Weidert/Élisabeth Paulus
ECJ Order: Jean-Claude de Baeck
UK CFC System on trial
Hot links
2004-07
Fiscal Maintenance Act 2004
Decree on repurchased shares for employee stock options
Treaty position of Dutch pension funds
Converting debt to equity and deducting acquisition costs participations
Other points of interest
-    Residence NA NV
-    Tax sparing credits Dutch/Israel treaty
-    Meaning of "interest paid" in tax treaties
-    US/Dutch tax treaty protocol
EU RELATED TAX DEVELOPMENTS
Application extended list of entities under Parent/Subsidiary Directive
Fiscal Maintenance Act 2004: Interest and Royalty Directive
Hot links
2004-06
High Court rules on interest to Belgian Coordination Center
Non-deductible acquisition costs for participations
Indonesian court declares Dutch conduit bonds null and void
Q&A Decree on Dutch roll over provisions
EU RELATED TAX DEVELOPMENTS
Cross border tax consolidation
Dutch Supreme Court denies share merger facility
Hot link
2004-05
High Court rules on LLC’s and participation exemption
Q&A Decree on limitation of interest deductions
Dutch dividend tax due in spite of prior emigration BV
High Court on participation exemption and prêt participatif
Deferring liquidation may not prevent losing tax losses
Other points of interest
-    Guide on double taxation
-    Exemption dividend tax in consolidated groups
-    Dutch Federation calls for EU proof legislation
EU RELATED TAX DEVELOPMENTS
Merger directive applies to merging investment companies
Dutch Supreme Court implement ECJ’s De Groot decision
Hot links
2004-04
State Secretary reports on Special Knowledge Groups
Dividend tax on acquisition of foreign undistributed profits
Is it possible to allocate shares to a Dutch p.e.?
Overview of Dutch tax treaty negotiations
Other points of interest
-    Need to request capital duty exemption, EU compliant?
-    12 year statute of limitations
-    US-Dutch Tax Treaty Protocol
EU RELATED TAX DEVELOPMENTS
ECJ & Dutch High Court rules: exit taxes not EU compliant
Proposed changes to Interest & Royalty Directive
Hot links
2004-03
State Secretary announces overhaul of Dutch Corporate Tax
Q&A on Dutch participation exemption after Bosal
US-Dutch protocol to income tax treaty signed
Ministry publishes APA/ATR statistics
Capital Duty relief for contribution of holding companies
Anti-abuse laws permanent establishment losses announced
Other points of interest
EU RELATED TAX DEVELOPMENTS
Commission consultations on corporate migrations
Member of parliament questions EU compatibility of Dutch-Belgian tax treaty
2004-02
Allocation of swap to finance branch and treatment of full hedge
Valuation of bonds and determination of existence of a p.e.
Anti-abuse laws re. participation exemption announced
Other points of interest
-    NA Reinsurer not resident in the Netherlans
-    Liquidation shortly after emigration
EU RELATED TAX DEVELOPMENTS
Recommended questions to ECJ on Merger Directive
Honouring Saint Gobain: Treaty benefits for Dutch p.e.'s
Politics as usual? Commission vs Council on State Aid
Hot links
2004-01
Proposed law on distressed debt & participation exemption
GmbH realises tax free gain on Dutch real estate
Qualification of redemption of shares under tax treaties
Valuation of waiving guarantees granted by a subsidiary
Other points of interest
-    Proposed laws adopted
EU RELATED TAX DEVELOPMENTS
Participation exemption re liquidation losses contra EU law
Discrimination against foreign pension funds
Dutch inheritance law contravenes free capital movement
2003-12
NA NV not resident in the Netherlands
BV continues right to carry forward profits
Q&A Decree on Surtax
Tonnage regime for Dutch tugs qualified as illegal state aid
Two decisions regarding Dutch capital duty
Other points of interest
-    Proposed laws adopted
-    Supreme Court rules on hyperinflationary branch profits
-    ECJ decisions in Zita Modes SA, Diana Lindman & Fleck-Shilling
2003-11
Bosal: Proposed legislation
Q&A Decree on new tax consolidated group regime
Proposed extension of EC Merger Directive
Other points of interest
-    Decree on div.tax, share premium and share mergers
-    Enhanced Mutual Agreement Procedure under US/Dutch treaty
2003-10
Bosal: Dutch participation exemption contravenes EU law
Supreme Court rules on treaties and deemed income
ECJ shoots down Dutch Law on Foreign Companies
Q&A Decree on loss carry forward
Other points of interest
Annex: Tax package 2004
-    ECJ decision in Oce vd Grinten
-    No double spread on layer conduit finance companies
-    Watchdog for Dutch accountants
-    Does Chinese merchant in Canada have Dutch p.e.
-    EU Commission proposes more coordination in combatting fraud
-    Decree on VAT and factoring
2003-09
Q&A Decree published on participation exemption
Proposal to extend reach EC Parent/Subsidiary Directive
Allocation of swap to finance branch and treatment of (full) hedges
Material test of investment stimulus for tax sparing credit
State Secretary temporarily refuses Supreme Court VAT decision
Other points of interest
-    Advocate General: Dutch base erosion rules not EU compliant
-    Report on functioning of special knowledge groups
2003-08
Proposed legislation announced
Issuing preference shares in asset mergers
Q&A Decree on capital duty and hybrid loans
Moving hidden reserves back and thro within a tax consolidated group does not lead to tax upon deconsolidation
Other points of interest
-    Is denial compensation all litigation fees EU compliant?
-    Limited refunds of foreign tax by mutual investment funds not EU compliant
-    Polish/Dutch treaty entered into force
2003-07
Consultations between Ministry and tax consultants on Special Knowledge Groups
Adoption of tax package
Update on relief from tax overkill distressed debtors
Further limitations on the deduction of bribes
Other points of interest
-    Advocate General: VAT refunds on sale of subsidiary
-    ECJ: KapHag renditefonds
-    ECJ: Kraftfahrzeuge Factory
-    Ending Dutch Film CV's (limited partnerships)
2003-06
New Dutch Minister and State Secretary of Finance
Proposed VAT legislation on E-commerce
Meaning of interest 'paid' in tax treaties
Prevention of double taxation on hyper inflationary profits
Burden of proof leads to loss of interest deduction
Other points of interest
-    Q&A decree on Dutch mutual investment funds
-    Parliamentary questions on negotiations US/Dutch tax treaty
2003-05
Clarification “Subject to tax” criterium participation exemption
No mercy for FX gain on 2 day acquisition deposit
Extension of grandfathering participation exemption earn out arrangements and adjusted sales prices
Q & A Decree on functional currency regime
Other points of interest
-    Report on making APA practice more effective
-    Announcement reorganisation Special Knowledge Groups
-    Draft legislation on supervision Dutch Trust Companies
2003-04
Deduction of deemed interest costs allowed
EU rules and exit taxes
Limitations on the deduction of interest
Other points of interest
-    Q&A Decree on roll over relief
-    Costs for dismissing board of subsidiary not deductible
-    Supreme Court: VAT on sale of subsidiary refundable
2003-03
State Aid investigation into Dutch Group Finance Company Regime finalised
Limited relief on interest deduction Exchangeables
Q & A decree on Tax Consolidated Group Regime
Other points of interest
-    Dutch pe of SwissCo can form consolidation
-    Double taxation under art. 10a CIT
-    Insurance co's get no roll over relief on sale of shares
2003-02
Political agreement on Tax Package
VAT on conduit loans
Deemed residence rules inheritance tax contravene community law
Realisation of profits in sight of emigration
2003-01
Decree Tax Consolidated Group 2003
State Secretary denies worsening of Dutch investment climate/promises relief distressed debtors
Guidance on Capital Duty published
Supreme Court rules on allocation of shares to Dutch PE
-    Proposed legislation adopted
-    Draft legislation announced on deduction acquisistion cost participation
-    No more requests Dutch group finance company regime
-    Supreme Court: Tax follows accounting on redemption of shares
2002-12
Proposed legislation 2003
Supreme Court: Options and Participation exemption
Parliament questions Knowledge groups/Code of Conduct
Dividendstripping rules in case of reorgs
-    Dutch legislative process criticised
-    No dynamic interpretation Dutch/Swiss tax treaty
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