As a result of international and European developments in the area of tax law (eg, the Organisation for Economic Cooperation and Development’s base erosion and profit shifting project, the EU Anti-Tax Avoidance Directive and state aid cases), the Dutch tax landscape is in flux. Recent changes include increased focus on substance requirements and a number of changes to the Dutch corporate income tax and dividend withholding tax.
The proposal to implement the EU Anti-Tax Avoidance Directive is currently awaiting parliamentary approval. The directive requires EU member states to introduce an earnings stripping rule (a generic interest deduction limitation rule), controlled foreign company rules, rules on exit taxation and a general anti-abuse rule. The Netherlands only needs to partially implement the directive, as Dutch legislation already provides for a number of these rules.
On 18 September 2018, as part of the 2019 Budget, a proposal to abolish the Dutch dividend withholding tax was published. On 5 October 2018, the Dutch government announced its intention to reconsider this proposal (as a result of public scrutiny). The reconsideration of the proposal may lead to alternative measures (eg, an additional reduction of the corporate income tax rates). The Ministry of Finance will also review the Dutch substance requirements. It is expected that the results of this review will be published in 2019 and that public consultation will follow.
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Jian-Cheng Ku advises on international tax law and transfer pricing with a particular focus on international tax planning, M&A and private equity transactions, corporate reorganisations and planning and design of transfer pricing policies.
His clients include multinational companies, financial institutions and private equity firms. He has authored or co-authored several articles on international taxation and Dutch taxation aspects.
Robin Theuns advises clients on Dutch and international tax aspects relating to international tax planning, M&A, corporate restructurings, private equity and investment fund transactions.
He assists clients in managing tax-related projects and transactions, as well as in obtaining advance pricing agreements and advance tax rulings. Clients include large multinational enterprises, financial institutions and private equity funds.