On 29 June 2012, the Dutch Supreme Court (Hoge Raad der Nederlanden) gave its decision in X BV. v. the Tax Administration (Case No. 11/00482) concerning the calculation of the non-deductible interest under the Dutch thin capitalization rules. Details of the case are summarized below.
(a) Facts. The activities of X BV (the Taxpayer) consist of borrowing money and the holding and financing of participations. Almost all (98%) of the borrowed loans were granted by the Taxpayer's…