During the parliamentary debate on the Act implementing the changes Parent-Subsidiary Directive 2015 have been in the Memorandum relating to the report two indicated publish a policy decision on an adjustment period for advance tax rulings (ATR’s).

The bill contains Act implementing changes Parent-Subsidiary Directive in 2015 led to adjustments under Article 17, paragraph b of the Corporation Tax Act and Article 1, paragraph of the Wet DB, which these articles are brought into line with the anti-abuse provision in the Parent-Subsidiary Directive 3. As a result of these adjustments, in certain situations of interest or a body established abroad that a substantial interest means a company resident in the Netherlands, respectively, the direct member of a cooperative has the substance as specified in section 8a of ATR grant decision.

The proposed law shall, after its acceptance by the Lower and Upper Houses and publication in the Official Gazette on January 1, 2016 into effect and does not provide for transitional provisions. At that time, current ATR’s on the application of Article 17, paragraph b of the Corporation Tax Act and Article 1, paragraph of the Wet DB losses than if in the above cases do not meet the substance requirements, their validity on the basis of the provision contained in the ATR that the ATR does not cover a relevant amendment 4. For these situations, in section 3 included an approval from efficiency considerations.

This approval is subject to the following conditions:

• Stakeholder’s written report to the APA / ATR team of the Tax / Large Companies (Rotterdam office) before January 1, 2016.
• Interested parties hereby express their intention to April 1, 2016 to comply with the substance requirements.
• Stakeholders also hereby declare that they recognize that the ATR will lapse on January 1, 2016, if not before April 1, 2016 to the substance requirements.
• Interested parties before May 1 APA / ATR team of the Tax / Large Companies (Rotterdam office) adequately inform compliance with the substance requirements.

Furthermore, since there is no provision for transitional legislation, dividends from or disposals of substantial interest or the proceeds of the membership rights in the cooperative in the period between January 1, 2016 and the date on which the substance requirements are met, subject to applicable treaty provisions, is involved in the charge.