Supreme Court decides participation exemption does not apply to currency gains derived on domestic participation

On 8 June 2012, the Dutch Supreme Court gave its decision in X BV v. The Tax Administration (Case No. 11/0163) on the application of the participation exemption on currency gains derived on a domestic participation. Details of the case are summarized below.

(a) Facts. In 2000, the Taxpayer obtains a loan from its parent company established in the British Virgin Islands, to purchase shares in another company established in the Netherlands. In 2002, the taxpayer…