On 13 January 2013, the Netherlands Supreme Court (Hoge Raad der Nederlanden) gave its decision in X BV. v. Staatssecretaris van Financiën (No. 12/01616, LJN:BY0612), which was recently published. The case concerned the deductibility of alienation expenses for the sale of a substantial shareholding. Details of the decision are summarized below.
(a) Facts. X BV (the Taxpayer), formed a fiscal unity with a 100%-owned subsidiary. On 21 November 2008, all shares of the subsidiary were sold a…