Netherlands – Dutch taxpayer liable for Swiss captive subsidiary’s profits
A recent decision by a district Court in the Netherlands involved a Swiss captive insurance company that did not have any employees. The Court reached the decision that the tax authorities in the Netherlands were correct in levying tax on a related
See MoreNetherlands – Advocate General’s opinion on sister company tax consolidation
The Advocate General of the Court of Justice of the European Union (CJEU) has found that the Dutch tax rules are in breach of the freedom of establishment in that the rules deny tax consolidation (fiscal unity) between— A Dutch parent company
See MoreNetherlands Simplifies Individual Tax Filing
Commencing from March 1 2014, the Netherlands tax administration will issue approximately six million pre-completed tax forms to individuals, and around four million tax returns that have been completed in part. The taxpayers are requested to verify
See MoreNetherlands: Important changes in the treatment of VAT offences
From 1 January 2014, the eventual submission of a correct VAT return in the Netherlands will no longer prevent prosecution where the return has been filed late. Prior to 1 January 2014, the late, or non-filing of VAT returns was classified as a
See MoreProtocol between the United Kingdom and the Netherlands is in force
The DTA Protocol signed between the United Kingdom and the Netherlands entered into force on January 31, 2014. The provisions of the Protocol have effect: in the United Kingdom: in respect of income tax and capital gains tax, for any year of
See MoreNetherlands amends the preliminary tax assessment procedure
The amendments to article 23(2) of the Implementing Regulations of the 1994 General Tax Law relating to the issuance of preliminary tax assessments were published in the Official Gazette, No. 2405 . The amendments are summarized below. Under the
See MoreDTA between Malawi and Netherlands terminated
Malawi has terminated the double taxation agreement (DTA) previously in force between Malawi and the Netherlands. The termination takes effect in the Netherlands from 1 January 2014 and in Malawi from 1 April
See MoreNetherlands – Dividend withholding tax when companies located in Curaçao
The Advocate General of the Court of Justice of the European Union (CJEU) issued an opinion in two joined cases that involve profit distributions made by Dutch companies to their parent companies that are residents of Curaçao. The opinion of the
See MoreNetherlands – Distinction between loan interest and dividend
The Netherlands Supreme Court (Hoge Raad) on 7 February 2014 issued two decisions affecting taxpayers. The first decision related to whether a payment would be regarded as interest on a loan or as a participation dividend paid on a share capital
See MoreNetherlands – Revised rules for employing foreign workers
A new law in the Netherlands (“Foreign Nationals Employment Act”), effective from 1 January 2014, concerns changes to the current labor market rules. The new law was followed by a re-write of the implementation rules. The law generally affects
See MoreNetherlands – Planned pension changes
On 20 January 2014, a proposal was presented to amend pension accrual rates and impose a limit on “pensionable” income. The following measures are included in the proposed amendments: An adjustment to the maximum pension accrual rates; A cap
See MoreNetherlands: New Decree on substance requirements enters into force
From 1 January 2014, a new Decree entered into force which codifies the existing administrative guidance on substance requirements for companies engaged in inter company financing and/or licensing activities. Now, Dutch companies that claim the
See MoreNetherlands: Relief, clarifications under FATCA
The Netherlands government has announced completion of a memorandum of understanding (MOU) to provide relief and clarify the intergovernmental agreement (IGA) for automatic exchange of data between the Netherlands Belastingdienst and the US IRS. The
See MoreUK-Netherlands: Protocol to treaty enters into force
The Protocol amending the Double Taxation Agreement (DTA) between the UK and the Netherlands, signed in London on 12 June 2013, has entered into force on 13 December 2013. The Protocol is effective in the UK for any assessment year beginning on or
See MoreNetherlands: Commodity Board Levies Removed
The Netherlands Finance Ministry has announced that compulsory levies payable by companies to the Dutch commodity and industrial boards (PBO) will be abolished from 1 January 2014. While PBOs undertook a number of functions, e.g. animal welfare and
See MoreNetherlands: New decree on arm’s length principle published
The Netherlands State Secretary for Finance issued Decree No. IFZ 2013/184M on 26 November 2013 (Official Gazette No. 32854) which relates to the application of the arm’s length principle and the OECD Transfer Pricing Guidelines. The revised
See MoreNetherlands – Withholding tax on dividends distributed to foreign shareholders
It was reported on 31 December 2013 that the Dutch Supreme Court filed with the Court of Justice of the European Union requests for preliminary rulings in three cases concerning the imposition of Dutch withholding tax on dividends distributed to
See MoreNetherlands – Reassigned authority for treaty-related LOB requests
The Netherlands has concluded a number of tax treaties containing a “Limitation of Benefits” (LOB) article that includes a “catch all” clause. The “catch all” clause allows taxpayers that initially would not qualify for the benefits of
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