Netherlands Tax News

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Bill to simplify limited liability company legislation published

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Compatibility of exclusion of indirect ownership through companies in other EU Member States for French tax consolidation purposes with freedom of establishment referred to ECJ

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Treaty between the Netherlands and Barbados enters into force

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OECD releases revised draft of Part IV (Insurance) of the Report on Attribution of Profits to Permanent Establishments

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AG: Most-favoured nation treatment and Community preference do not require extension of the tax sparing credit under tax treaties with Brazil and Greece to third countries

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Lower Court of The Hague decided parent company of group not holding company for purposes of Tax Regulation of the Kingdom

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New agreement on organizations eligible for benefits under Art. 35 of Netherlands-US treaty signed

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EU Commission refers Greece to ECJ concerning discriminatory taxation of dividends

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Second Guideline on implications of ECJ Denkavit case on French dividend withholding tax published

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EU Commission progresses infringement procedure against Austria, Germany, Italy and Finland regarding taxation of outbound dividends

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Netherlands restriction on loss compensation under transitional regime compatible with treaty between Netherlands and Italy, EC fundamental freedoms, ECHR Treaty

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ECJ: Finnish group contribution regime compatible with EC Law – details

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Upper House adopted bill on introduction of new investment fund regime and amendments to existing regime

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Treaty between Belgium and Netherlands – Court of Appeal Ghent holds stock of goods does not constitute PE

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Implementation Bill on fiscal aspects of partnerships submitted to parliament

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ECJ: Interprets anti-avoidance clause under the Merger Directive with respect to Danish rules on taxation of exchanges of shares – details

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ECJ: Swedish legislation on dividend tax relief in relations with third countries is compatible with EC law – details

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ECJ: Advocate General holds German switch-over provision for low-taxed passive income of foreign PEs incompatible with EC Law – details

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ECJ: Advocate General finds Dutch withholding tax on outbound dividends incompatible with EC free movement of capital – details

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ECJ: Previous Austrian rules discriminating dividends received from third countries are compatible with free movement of capital under grandfathering clause – details

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Agreement between the Netherlands and Jersey on mutual agreement procedures concerning profit adjustment and application of Netherlands participation exemption signed

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ECJ: German thin capitalization rules reclassifying interests paid to substantial shareholders in third States are not incompatible with EC law

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Treaty between the Netherlands and United Arab Emirates – details

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Implementing rules for avoidance of double taxation on dividends under tax treaties published

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Dutch Supreme Court decides that Netherlands not obliged to grant credit for Brazilian and Italian withholding tax on interest derived by Belgian PE of Dutch company

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International tax conference on CCCTB held in Berlin

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Discussion draft on application and interpretation of non-discrimination article of OECD Model – details

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Treaty between Netherlands and Switzerland – negotiations

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Revised Commentary on Article 7 of OECD Model released

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Further reduction of corporate income tax rate announced

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