The Netherlands has issued Decree of 9 November 2024 in the Official Gazette on 13 November 2024 addressing the comparison of foreign legal forms.
This decree outlines the criteria for assessing whether a foreign legal form is comparable to a Dutch legal form for tax purposes, key features of Dutch non-transparent legal forms and partnerships, such as limited liability companies, cooperatives, associations, and foundations.
The Decree also contains a list of 246 foreign legal forms from 89 countries, detailing their comparability to Dutch legal forms.It clarifies foreign legal forms whose nature and structure are comparable to those of the Dutch legal form under the law of the State by whose law they are governed.
The decree outlines the rules for assessing comparability. For instance, a foreign legal form is a non-comparable legal form if it is comparable to more than one of the Dutch legal forms referred to in that paragraph or is not comparable to any such Dutch legal form.
A foreign legal form, as mentioned in the list of legal forms, is presumed to be comparable or not comparable to a Dutch legal form in accordance with that list unless the relevant law of the state by whose law the foreign legal form is governed has changed substantially after the end of the qualification year mentioned in the list of legal forms.
