Netherlands Tax News

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Preliminary ruling requested from ECJ on interpretation of EC Parent-Subsidiary Directive with respect to Italian tax on dividend adjustment (General Beverage)

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Treaty between UK and Netherlands – details

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OECD released 2008 Model Tax Convention

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ECJ: Advocate General finds French legislation on group consolidation excluding lower-tier subsidiaries indirectly owned through companies in other Member States justifiable restriction on EC freedom of establishment

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Netherlands

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Treaty between India and Netherlands – Indian decision on applicability of treaty with regard to additional tax imposed for not complying with transfer pricing rules

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Hague Court of Appeal – EC free movement of capital: In transactions with Netherlands, Netherlands Antilles is third country not overseas territory

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Discussion draft on New Art. 7 of OECD Model – details

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Treaty between Netherlands and Barbados – re-negotiation of Art. 10

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New Decree on avoidance of double taxation under tax treaties published

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Preliminary ruling requested from ECJ on interpretation of Merger Directive in connection with scheme to avoid Netherlands property transfer tax

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OECD Council approves 2008 Model Tax Convention

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Protocol to treaty between Netherlands and South Africa signed and details

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Protocol to treaty between Netherlands and Estonia signed and details

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Treaty between India and Netherlands – Indian decision on taxability of payments for data collection and preparing reports

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Treaty between France and Netherlands – French Administrative Court of Appeal finds withholding taxes applied to Dutch pension funds contrary to treaty non-discrimination clause and EU free movement of capital

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Financial Court of Münster holds rules on transfer pricing incompatible with EC law

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Treaty between the Netherlands and Qatar – details

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Comments on draft contents of 2008 update to Model Tax Convention published

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Treaty between Germany and the Netherlands – Germany's Federal Financial Court rules on qualification of dividends from third countries paid to Dutch PE of German GmbH

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Treaty between Canada and the Netherlands – Tax Court of Canada Prévost decision on "beneficial owner" – details

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ECJ: Netherlands refund regime for investment funds incompatible with EC free movement of capital

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European Commission takes steps against Bulgaria, Portugal, Romania and Spain concerning taxation of dividends

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Draft of 2008 Model Tax Convention – Proposed changes to Commentary to Art. 12 (definition of royalties)

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Treaty negotiating priorities for 2008

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ECJ: Decision by reasoned order in UK CFC and foreign dividend test case

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European Commission closes infringement procedure against Luxembourg concerning taxation of dividends

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ECJ: Advocate General finds Belgian rules on inclusion of dividends in taxable base followed by 95% deduction insofar as parent company makes profits incompatible with Parent-Subsidiary Directive – details

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ECJ: Non-deductibility of foreign PE losses in Germany compatible with EC freedom of establishment

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Treaty between the Netherlands and Qatar signed

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