On July 8, 2009, the European Commission rendered its opinion that the proposed Dutch group interest box relating to corporate income tax would not constitute prohibited state aid according to the EC Treaty. This means that the Netherlands is expected to implement a group interest box in the very near future.
On July 8, 2009, the European Commission rendered its opinion that the proposed Dutch group interest box relating to corporate income tax would not constitute prohibited state aid according to the EC Treaty. The European Commission reasons that the mandatory interest box can be considered a general, non-selective measure because it is available to all companies in the Netherlands that are subject to corporate income tax. Incidentally, the European Commission approved the part of the group interest box relating to war chests back in February 2007.
The mandatory group interest box is part of a larger package of proposed corporate income tax measures that the Dutch Ministry of Finance published in a public consultation memorandum on June 15, 2009.
It now appears that the Ministry of Finance wishes to submit a final bill in the autumn, with a planned effective date of January 1, 2010, for either all or some of the package of measures described in the consultation memorandum. In light of the state-aid approval, we expect that the Ministry will not wish to postpone the implementation of the mandatory group interest box.