Simplified triangulation rules also apply if...
The judgment of the Court of Justice of the European Union on April 19, 2018 means that the rules can still be applied, provided that Party B (out of the Parties A, B and C) ‘acquires’…
Draft 2018 Decree implementing the Wwft provi...
The bill to implement the UBO register is expected before the summer.…
Insurance premium tax: Request for a prelimin...
The case concerns insurance policies for M&A transactions and could affect many types of cross-border insurance policies.…
VAT exemption not applicable on instruction t...
If the CJEU follows the AG’s Opinion, then the consequences for the Dutch practice would appear to be that there would be an even more limited scope of the VAT exemption for payments.…
European Commission releases package on taxat...
The package includes both interim measures, in the form of a 3% Digital Services Tax on revenues, and a long-term solution, introducing the concept of a digital permanent establishment.…
Political agreement reached on proposal for m...
This is the latest in a series of EU initiatives in the field of the automatic exchange of information in tax matters.…
Deputy Minister provides more insight into hi...
One letter contained his Tax Policy agenda, while the other elaborated on the first priority of this agenda: combating tax avoidance and tax evasion.…
Court of Justice of the European Union also a...
The Deputy Minister of Finance aims to present the bill containing the emergency remedial measures that had already been announced to the Lower House in the second quarter of 2018.…
Update on the progress of the UBO register in...
On January 31, 2018, the Dutch government published the proposed Decree implementing the Money Laundering and Terrorist Financing (Prevention) Act 2018 (Uitvoeringsbesluit Wwft 2018) (the…
Impact of non-tariff trade barriers as a resu...
The Ministry of Economic Affairs and Climate Policy commissioned KPMG and Meijburg & Co to prepare this Report.…
Update on UBO register
The UBO register is expected to be transposed into legislation before the summer of 2018.…
European Commission opens in-depth State aid...
The Commission will adopt a final decision at the end of the formal investigation.…
Supreme Court rejects fiscal unity between Du...
This is in spite of non-discrimination provisions in most tax treaties concluded by the Netherlands that prohibit the higher taxation of companies if the shareholder is not established in…
Final Dutch VAT return of 2017: Corrections b...
We have updated our memorandum regarding the VAT correction on promotional gifts and other benefits, such as staff benefits.…
FS Tax Newsletter Issue 31 | December 2017
This issue of our newsletter contains our regular update of recent developments within the Financial Services sector. This month we have included an update on the coalition plans to abolish…
ECOFIN agrees on an EU list of non-cooperativ...
Seventeen countries have been placed on a blacklist, 47 committed countries on a grey list and 8 ‘hurricane countries’ (i.e. countries recently affected by tropical storms) have been…
Update Dutch dividend withholding tax
We previously informed you about the bill on the ‘Withholding obligation for holding cooperatives and expansion of the withholding exemption Act’. We also informed you about the…
Opinion of Advocate General at the Court of J...
Although the CJEU and the Supreme Court still have to render their final judgments on these cases, the Cabinet has already announced emergency remedial measures.…
Tax aspects of the coalition agreement Octobe...
The tax measures the new Cabinet intends to introduce include reducing the corporate income tax rates, partially abolishing dividend withholding tax, a two bracket regime in Box 1, an…
Coalition agreement 2017: partial abolition o...
On October 10, 2017 it was announced that the four parties negotiating the coalition agreement for the new Cabinet intend to abolish Dutch dividend withholding tax, except for in abuse…
European Commission proposes far-reaching ref...
If embraced, this will have very significant impact on businesses and governments in the European Union.…
FS Tax Newsletter Issue 30 | October 2017
This newsletter contains an update with respect to the Funds for Mutual Accounts and the UK Criminal Finances Act. This newsletter also includes a summary of the CJEU court ruling about the…
European Commission State Aid Announcement -...
On October 4, 2017, the European Commission announced its final decision on its state aid investigations into transfer pricing rulings granted by Luxembourg to the Amazon group.…
Is VAT on services deductible in the case of...
The Danish court recently requested a preliminary ruling from the CJEU in the C&D Foods Acquisition ApS case (C-502/17).…
VAT exemption for cost-sharing groups does no...
The CJEU’s ruling that the VAT exemption for cost-sharing groups does not apply to the financial and insurance sector is very important.…
European Commission communication on taxation...
Following the informal meeting of the Economic and Financial Affairs Council (Ecofin) of the European Union held in Tallinn on September 15 and 16, 2017, the European Commission published…
Tax measures for 2018
The main features of the 2018 Tax Plan are addressed in our memorandum.…
Bill on withholding obligation holding cooper...
The proposals are expected to have a significant impact on the use of cooperatives in international structures.…
Trade and Customs CETA update
On July 8, 2017, the Canadian Prime Minister, Justin Trudeau, and the President of the European Commission, Jean-Claude Juncker, issued a joint statement on reaching a date for the…
Bill on the VAT treatment of vouchers
The new legislation is important for every retailer with promotional or loyalty programs and will take effect on January 1, 2019.…
Is VAT on professional services deductible if...
On May 12, 2017 the Supreme Court of Ireland requested the Court of Justice of the European Union (CJEU) to render a preliminary ruling in the Ryanair case (C-249/17).…
Internet consultation on Anti-Tax Avoidance D...
On July 10, 2017 the Deputy Minister of Finance, Mr. Eric Wiebes, published a document for internet consultation aimed at the introduction or amendment of a number of anti-tax avoidance…
European Commission issues proposal for manda...
The proposal goes beyond the recommendations of BEPS Action 12 and proposes a wide ranging exchange of information.…
Proposal to extend VAT adjustment rules to ‘e...
The administrative burden will increase because investments have to be followed for longer.…
Proposed changes to dividend withholding tax...
The introduction of a dividend withholding tax obligation for holding cooperatives represents a significant tightening of the current rules.…
VAT exemption for cost-sharing groups: CJEU j...
The CJEU ruled that the VAT exemption for cost-sharing groups does apply if the members of a cost-sharing group also perform services subject to VAT, provided the services of the…
Country-by-Country Reporting – Additional rul...
On April 18, 2017 the Lower House adopted the bill on additional rules for the exchange of Country-by-Country reports. In addition to this, on April 6, 2017 the OECD published additional…
Advocate General at CJEU issues Opinion on VA...
Contrary to other recent Opinions, the AG considered that the VAT exemption for cost-sharing groups does apply to the financial and insurance markets.…
FS Tax Newsletter Issue 28| April 2017
Dear FS professional, In the FS Tax Newsletter, we provide you with an update on developments in the Financial Services sector. In this edition you will find, among others, a summary of…
Tax competitiveness report: succeeding in unc...
Our annual thought leadership publication based on market research among tax decision makers in both UK and non-UK companies. There is no doubt 2016 was one of the most interesting…
Brexit update 1
Introduction On 29 March 2017, the United Kingdom’s (hereinafter: UK) Prime Minister, Theresa May, invoked Article 50 of the Treaty of the European Union (hereinafter: TEU). This…
Bill on implementation of UBO register presen...
The bill seeks to implement the obligation to maintain a central register with information on the ultimate beneficial owners (UBOs) of companies and other legal entities incorporated in the…
Supreme Court refers preliminary questions to...
We welcome the fact that the Supreme Court has decided to request a preliminary ruling.…
Advocate General at CJEU issues Opinions on a...
The AG concluded that the VAT exemption for cost-sharing groups cannot be applied in the financial and insurance markets and neither in cross border situations.…
EU Anti-Tax Avoidance Directive 2: hybrid mis...
On February 21, 2017 the EU Member States reached agreement on a Directive that will amend the Anti-Tax Avoidance Directive (Council Directive (EU) 2016/1164 of July 12, 2016, ’ATAD 1’).…
Bill on a Central Register of Shareholders
The Central Register of Shareholders will be accessible to the Dutch tax authorities and other designated public services to assist them in the performance of their statutory duties.…
FS Tax Newsletter Issue 27 | Februari 2017
Dear FS professional, We hope that the New Year got off to a good start for everyone. In the FS field, right at the end of last year, the Supreme Court ruled that pension funds with…
Court of Justice of the European Union: VAT d...
This case once again shows how important it is to properly analyze the VAT position of holding companies that are actively involved in the management of their participations, but also of…
Implementation of EU Country-by-Country Repor...
The bill makes it possible to automatically exchange the Country-by-Country report submitted by a Dutch-resident Reporting Entity to the Dutch tax authorities, with the competent tax…
CJEU rules that Denmark should also have gran...
The Court concluded that the disadvantageous difference in tax treatment infringes the EU principle of freedom of establishment.…
Memorandum on VAT Deduction Exclusion Decree
In the final Dutch VAT return for 2016 a VAT adjustment based on the VAT Deduction Exclusion Decree and the private use of company cars should be made.…
Deputy Minister of Finance explains proposed...
We would like to point out that the draft bill and the details of these rules have not been made public and will probably only become clear during the internet consultation in 2017.…
VAT Digital Single Market Package announced
On December 1, 2016 the European Commission announced new VAT rules for e-commerce, which are intended to simplify VAT for e-commerce businesses.…
Management of pension funds with a defined be...
The Supreme Court has ruled that pension funds with a defined benefit (DB) plan, as in the case in question, cannot be regarded as a special investment fund within the meaning of the…
No agreement yet on EU Anti-Tax Avoidance Dir...
According to the compromise text issued on December 2, 2016, the proposed amendments (that would take the form of a directive (‘ATAD 2’) to amend ATAD 1) would have extended the scope…
Parliament approves Bill on the Fiscal Unity...
This bill means that the extension of the fiscal unity regime will now also be formally incorporated into law, after it had already been laid down in supplementary policy statements as a…
Supreme Court limits VAT exemption for the ma...
The Supreme Court ruled that the VAT exemption can only apply if (the manager of) an investment institution was actually granted a license as referred to in the (then applicable) Investment…
FS Tax Newsletter Issue 26 | December 2016
Dear FS professional, This issue of our newsletter contains our regular update of recent developments within the Financial Services sector. This month we have included an update on the…
Sunscreen and toothpaste: 6% VAT
6% VAT also applicable on products with therapeutic function…
Brexit-update: British Pound has fallen 18%
The British pound has fallen 18% since the June referendum on Brexit. Contrary to expectations, the UK economy grew 0.8% in the third quarter of 2016, the strongest increase since 2010. In…
French Constitutional Court: public trust reg...
The question arises whether the Netherlands should want to introduce a public UBO registry, if in a country like France a similar registry with such a public character is deemed to violate…
Commission Package on Common (Consolidated) C...
On October 25, 2016 the European Commission published legislative proposals to relaunch its Common Consolidated Corporate Tax Base initiative, as well as new measures to combat hybrid…
FS Tax Newsletter Issue 25 | October 2016
In the FS Tax Newsletter, we provide you with an update on developments in the Financial Services sector. In this edition we have summarized among others two new agreements between the…
Tax measures for 2017
The main features of the 2017 Tax Plan are addressed in our memorandum.…
Proposed changes to Dutch dividend withholdin...
These changes include a withholding obligation for holding cooperatives, and the extension of an exemption for both shareholders and members of cooperatives in active business structures.…
EU Commission opens in-depth State aid invest...
On September 19, 2016 the EU Commission announced that it was opening an in-depth investigation into tax rulings granted by Luxembourg to GDF Suez.…
OECD BEPS Action Plan - Taking the pulse in t...
The OECD Action Plan on BEPS, first introduced in 2013, set 15 specific action points to ensure international tax rules are fit for an increasingly globalized, digitized business world and…
Advocate General issues Opinion on VAT exempt...
Depending upon the supervision to which (the managers of ) these funds may be subject, the VAT exemption for the management of these funds may be canceled.…
EU Commission: Ireland gave illegal State aid...
The state aid has now been determined to be incompatible with the internal market, and must be recovered (with interest) by the Irish authorities from the Apple group.…
Dutch Lower Court requests Supreme Court to r...
Dutch Lower Court refers preliminary questions to Dutch Supreme Court regarding dividend withholding tax reclaim of foreign investment fund and asks it to reconsider its negative decision…
Bill on the simplification of the refund of V...
The government has set August 14, 2016 as the deadline for providing input on the new bill.…
Opinion of Advocate General: Pension fund is...
The Advocate General however concluded that further examination of the facts must show whether and, if so, which VAT-taxable service is provided in exchange for the recharged costs.…
Important judgments for corporate income tax;...
One case concerned the limitation on the deduction of interest (profit shifting, Section 10a Corporate Income Tax Act 1969), while the other concerned foreign exchange losses on EU…
Status of UBO register: an update
On July 5, 2016, the European Commission announced that it wants to take a number of additional measures concerning the UBO register with the aim of achieving greater transparency.…
Harmonized VAT treatment of vouchers in the E...
Currently, vouchers are treated differently throughout the EU.…
Brexit: the tax consequences of the UK refere...
We give an overview of the tax consequences and shortly address the impact for the Netherlands as regards direct taxes.…
Political agreement on anti-tax avoidance dir...
The directive is intended to provide a minimum level of protection for the internal market and strengthen the average level of protection against aggressive tax planning.…
Processing of debit and credit card payments...
The key question posed to the CJEU is whether the services performed by Bookit and NEC qualify as “transactions concerning payments and transfers”, which are VAT-exempt.…
Meeting of ECOFIN, no agreement on draft anti...
The matter has been postponed until the next ECOFIN meeting.…
Investment in the Netherlands 2016
‘Investment in the Netherlands’ combines an accessible description of the regulatory, tax and legal environment with an objective overview of the unique selling points of the…
Commission issues notice on the notion of Sta...
The 68 page communication is intended to provide clarification on the key concepts relating to the notion of State aid as referred to in Article 107(1) TFEU and is available in full in the…
Advocate General concludes that Denmark does...
The AG concluded that there is no infringement of EU law even though similar interest which was not deductible under Danish domestic thin capitalization rules would have been exempted. …
Court of Appeals allows a fiscal unity betwee...
Court of Appeals allows fiscal unity between Dutch sister companies even if the parent company is established in a country outside the European Union.…
New policy statement on requests for the refu...
By policy statement dated April 25, 2016, the Deputy Minister of Finance followed-up on the final judgment of the Dutch Supreme Court in the Miljoen, X and Société Générale cases.…
Introduction of ‘domestic sale’ concept helps...
Last week we informed you about the draft guidance published by the European Commission regarding the new customs valuation provisions under the UCC and its Implementing Regulation. That…
Commission announcement on public Country-by-...
With the exception of some changes, the final proposal does not deviate significantly from the circulated draft.…
Alert - Customs Valuation- April 2016
In February we provided you with an update regarding the customs valuation implications under the Union Customs Code per 1 may 2016. Based on (draft) guidance received in the previous two…
EU Tax Law app eng
Meijburg & Co has an EU Tax Law app that contains all the rulings (including opinions) from the Court of Justice of the EU for Direct Tax, VAT and Social Security Tax, pending cases,…
EU Commission proposes public Country-by-Coun...
The proposal would require multinational groups with a total consolidated revenue of EUR 750 million to report either if they are EU parented or otherwise have EU subsidiaries or branches.…
CJEU: separate claim handling by third partie...
On March 17, 2016 the Court of Justice of the European Union (CJEU) ruled in the Polish Aspiro case (case no. C-40/15) that claim handling services are subject to VAT if these are performed…
Trade & Customs News, editie 6
1. Union Customs Code – some implications as of May 1, 2016 2. Transactional Delegated Act (TDA) 3. Canada and EU reach breakthrough on new approach on investment 4. Ombudsman…
ECOFIN reaches political agreement on non-pub...
This is a first step towards the formal adoption of the European Commission’s proposal.…
Supreme Court renders final judgments in the...
The Supreme Court ruling is favorable for foreign individuals with shares in Dutch companies.…
VAT deduction limitation for holding companie...
On February 29, 2015 the Court of Justice of the European Union was asked to render a preliminary ruling on the right of a top holding company - that is actively involved in the management…
ABOLISHMENT OF EU FIRST SALE HAS FAR-REACHING...
Although mitigation of the negative impacts seems to be possible, it usually requires long-term planning as companies will likely have to implement operational changes.…
Letter to Parliament regarding the contours o...
In the letter to Parliament, the Minister announced that the Dutch UBO register will, in principle, be a public register.…
Supreme Court: retroactive effect of crisis l...
According to the Supreme Court, the crisis levy does not violate the right to property that is protected under Article 1 of Protocol No. 1 to the European Convention of Human Rights and…
European Commission presents its new Anti-Tax...
The new package not only aims at implementing, in a coordinated manner, the OECD standards at the EU level, but goes beyond these recommendations.…
EU Commission announces a final decision on i...
The European Commission has concluded that selective tax advantages granted by Belgium under its excess profit tax scheme constitute state aid, incompatible with the internal market…
Not every ‘no show’ leads to a VAT refund
On December 23, 2015 the Court of Justice of the European Union (CJEU) ruled that advance payments may be subject to VAT in the case of ‘no shows’.…
EU General Court decision: Spanish ‘tax lease...
It was a shipbuilding financing arrangement (that is no longer in force) that included Spanish tax relief for the investors that provided the finance.…
CJEU judgment may have a major impact on the...
On December 9, 2015, the Court of Justice of the European Union (“CJEU”) ruled in the Dutch Fiscale Eenheid X case (C-595/13) that the VAT exemption for the management of special…
10 EU Member States agree on some principles...
Estonia has indicated that it no longer supports the proposal.…
FS Tax Newsletter Issue 23 | December 2015
Dear FS professional, In the final FS Tax Newsletter for 2015 we would like to update you on recent developments within the Financial Services sector. We would also like to inform you…
The European Commission announces another Sta...
On December 3, 2015 the European Commission announced its decision to launch a State Aid investigation into tax rulings granted by Luxembourg.…
The Netherlands will appeal against the EU Co...
On 27 November 2015 the Netherlands announced it will appeal against the EU Commission’s decision in the State Aid case.…
Provision of market data and supply of techni...
According to a recent judgment rendered by the Amsterdam Court of Appeals (case no. 15/00074), the provision of market data against consideration and the supply of technical services should…
EU Commission announces final decisions on st...
These decisions confirm the Commission’s preliminary view that the transfer pricing rulings granted by the Netherlands and Luxembourg to companies in two multinational groups involved…
Pension fund is entitled to deduct the VAT on...
On July 27, 2015 the Court of Appeals Arnhem-Leeuwarden (the “Court”) rendered judgment on the deduction of VAT charged on costs that a company pension fund recharged to the…
Opinion rendered by Advocate General Niessen...
According to the AG, there is no systematic and clear overcompensation and consequently no violation of EU law.…
European Ministers agree to exchange informat...
With this amendment, the EU is broadly in line with the final BEPS Action Plan, and particularly Action 5, which was published on October 5, 2015.…
FS Tax Newsletter Issue 22 | October 2015
Dear FS professional, Every other month you receive an update from us on developments in the Financial Services sector. In this edition of the FS Tax Newsletter we have summarized the…
CJEU decision in the joined cases Miljoen, X,...
The CJEU concluded that the Dutch withholding tax on non-resident portfolio individual and corporate shareholders is contrary to EU law if the tax burden on the non-resident is greater than…
CJEU: zero VAT rate also applies to the provi...
On September 3, 2015, the Court of Justice of the European Union (CJEU) rendered its judgment in the "Fast Bunkering Klaipėda" UAB case (hereafter: FBK). This case revolved around the…
CJEU decision in the Groupe Steria case
The decision offers possibilities for claiming, in cross-border situations, certain benefits available under the Dutch fiscal unity regime in domestic situations.…
FS Tax Newsletter Issue 21 | August 2015
Dear FS professional, While some of you are (hopefully) able to enjoy some time off, we would like to provide you with some food for thought on the developments that have taken place…
Trade & Customs News, edition 3
Table of Contents 1. Latest news on TTIP 2. WCO’s new Guide to Customs Valuation and Transfer Pricing 3. Update on the Union Custom Code 4. Classification of…
Court of Justice of the European Union confir...
The CJEU ruled that a holding company that is actively involved in the management of its participations and which performs VAT taxable services for a fee is entitled to deduct the VAT on…
Supreme Court decision July 10, 2015 on Luxem...
The Dutch Supreme Court did not rule in favor of the Luxembourg investment fund and denied the request for a refund of the Dutch dividend withholding tax.…
Opinion AG CJEU in the joined cases Miljoen,...
The AG concluded that withholding tax imposed on a non-resident may not exceed the individual income tax burden of a resident taxpayer.…
European Commission adopts Action Plan on cor...
As foreseen, this includes a proposal to re-launch the Common Consolidated Corporate Tax Base (CCCTB).…
EU Court of Justice decides that non-deductib...
The decision was primarily based on the fact that a similar loss could arise on shares in a domestic company and this would also be non-deductible.…
State Aid - Commission Decision to open forma...
The decision to open a formal state aid procedure is another indication that the Commission is continuing to challenge the transfer pricing tax practices of the EU Member States.…
FS Tax Newsletter Issue 20 | June 2015
Dear FS professional, Before the holiday season begins, we would like to update you on the hot topics in the FS sector. This newsletter provides updates on three VAT-related topics:…
Advocate General at CJEU: VAT-exempt manageme...
Advocate General Kokott advises the CJEU to qualify a real estate investment fund as a ‘special investment fund’, as long as this fund is under special regulatory supervision.…
European Parliament approves proposal to intr...
The European Parliament has approved the proposal for the introduction of a register containing information about the ultimate beneficial owners of legal entities.…
New tax treaty between the Netherlands and Ge...
With the approval by the Upper House of the Dutch Parliament on May 19, 2015, the ratification process of the new tax treaty between the Netherlands and Germany has now virtually been…
Union Customs Code - Transitional Measures pe...
On 1 May 2016 the Union Customs Code and its implementing and delegated act (new Code) will become applicable. As from that date, the new Code will replace the Community Customs Code and…
FS Tax Newsletter Issue 19 | April 2015
Dear FS professional, In this spring edition of our FS Tax Newsletter you will find an update of several VAT related court cases, such as the hearing on the VAT group X case…
EU Social Security Rules applicable to marine...
On March 19, 2015, the European Court of Justice (CJEU) provided guidance on the social security position of employees who are working in different parts of the world on seagoing vessels.…
Trade & Customs News, edition 1
Table of Contents 1. ECJ to clarify conditions for classification of sets 2. Possible retroactive tariff duty suspension on certain heavy oils 3. Temporary importation of means of…
CJEU hearing on the management of real estate...
On March 4, 2015, the hearing on the VAT group X case was held at the Court of Justice of the European Union. This case concerns the VAT treatment of the management of real estate funds,…
Deposit system canceled
It has recently been announced that the current G-accounts system will definitely not be replaced by a deposit system.…
The Kronos case: mirror image of the FII case...
Source: Weekblad Fiscaal Recht, 2015/78, pp. 78-82.Author: Isabella de Groot In this article the author discusses the Kronos case, which was dealt with by the Court of Justice of the…
Court of Justice of the European Union issues...
The CJEU ruled that this is not the case unless it appears that the flat-rate 30% reimbursement were systematically to give rise to a net overcompensation in respect of the extra expenses…
Ministry of Finance’s position on impact of S...
According to the Ministry of Finance, the Skandia judgment does not apply in the Netherlands.…
Advocate General at the Court of Justice of t...
The case is important for the scope of the insurance exemption for VAT purposes.…
Supreme Court maintains 8.3% dividend withhol...
The Supreme Court ruled that the 8.3% dividend withholding tax pursuant to the Tax Regulations for the Kingdom of the Netherlands (Belastingregeling voor het Koninkrijk, “BRK”) is not…
FS Tax Newsletter Issue 18 | February 2015
Dear FS professional, The year 2015 started with many developments which (may) affect the financial services industry. This edition of the FS Tax Newsletter therefore provides an…
European Court of Justice decision on “Marks...
On February 3, 2015, the Court of Justice of the EU rejected the Commission’s complaints against the United Kingdom regarding the compatibility of the UK’s cross-border group relief…
Captive insurance companies: not insured for...
Lower courts have recently ruled in favor of the Dutch Tax Authorities in combating captives. As a result of this, we have noticed that, in its audits, the Dutch Tax Authorities is…
The Financial Transaction Tax (FTT) – update...
Ministers of 10 EU Member States issued a joint statement to give a fresh impetus to a financial transaction tax (FTT).…
Dutch Tax Authorities focuses on entitlement...
The Dutch Tax Authorities have recently been pro-actively approaching holding and financing companies to question their entitlement to deduct VAT.…
Court of Appeals The Hague: “Asset management...
On December 5, 2014 the Court of Appeals of The Hague ruled that the asset management services provided to a Dutch pension fund were not VAT exempt. This judgment is not only important for…
VAT and the head office and fixed establishme...
Source: Weekblad voor Fiscaal Recht, 2015/45, pp. 45-54 Authors: Rahiela Abdoelkariem and Frank Prinsen In this article, the authors discuss the definition of the taxpayer status of the…
EU Commission publishes decision on its state...
The decision sets out the factual and legal basis for the Commission’s preliminary view that one of these rulings constitutes state aid.…
New policy statement for fiscal unity between...
This policy statement follows three judgments by the Court of Appeals Amsterdam on December 11, 2014 which concluded that Dutch legislation on the fiscal unity for corporate income tax…
European Commission announces large-scale sta...
The announcement follows recent decisions by the European Commission to initiate formal state aid proceedings against Ireland, Luxembourg and the Netherlands with regard to tax rulings…
Court judgments on fiscal unity between siste...
On December 17, 2014 the Deputy Minister of Finance announced that the three judgments would not be appealed before the Supreme Court.…
European Council of Ministers nearing agreeme...
More is now known about what was discussed by the ECOFIN on December 9, 2014 about the future of the European patent box regimes.…
Court of Appeals Amsterdam: fiscal unity betw...
On December 11, 2014 the Court of Appeals Amsterdam ruled in three cases that Dutch legislation on the fiscal unity for corporate income tax purposes is contrary to the European freedom of…
European Council of Ministers approves genera...
On December 9, 2014 the EU Council of Economics and Finance Ministers (ECOFIN) reached political agreement on, among other things, the inclusion of a general anti-abuse rule in the…
FS Tax Newsletter Issue 17 | December 2014
Dear FS professional, This is the final newsletter for 2014. As mentioned in the October FS Tax Newsletter the Skandia judgment may have a significant impact on financial service…
Advocate General at the Court of Justice of t...
The Advocate General concluded that this is not the case if in the majority of cases the employees in question can commute daily between their foreign residence and their place of work in…
ITR World Tax Review 2015
Meijburg & Co has been ranked 'Tier 1' in the recently published ITR World Tax 2015. CLICK HERE FOR THE COMPLETE GUIDE WITH LEADING TAX FIRMS Meijburg has also been ranked…
Ireland announces changes to company residenc...
Ireland’s Finance Minister Michael Noonan announced that the Irish rules on corporate tax residence would be changed so that all companies incorporated in Ireland are tax resident in…
FS Tax Newsletter Issue 16 | October 2014
Dear FS professional, The FS Tax Newsletter of KPMG Meijburg & Co was introduced in April 2012 and is published every two months. The FS Tax Newsletter addresses recent…
Letter from the Deputy Minister of Finance on...
According to this judgment, pension funds that operate a defined contribution plan (DC plan) can qualify, under certain conditions, as a common investment fund within the meaning of the VAT…
Judgment in Skandia America Corporation (C-7/...
The Court of Justice of the European Union has ruled that services provided by a head office to a fixed establishment that is part of a VAT group are subject to VAT.…
Tax measures for 2015
On Budget Day, September 16, 2014, the Cabinet presented the 2015 Tax Plan to the Lower House.…
EU Tax Law app now available in the Apple App...
KPMG Meijburg has launched a Beta version of an EU Tax Law app that contains all the rulings (including opinions) from the Court of Justice of the EU for Direct Tax, VAT and Social…
FS Tax Newsletter Issue 15 | August 2014
Now that the end of the summer is approaching, why not ease back into business with some light reading in the form of our FS Tax Newsletter. The main topic this time is the introduction of…
VAT/GST Refunds Survey 2014
Where in the world can businesses obtain a refund of VAT and GST, and how efficient is the process?KPMG’s Global Indirect Tax Services new VAT/GST Refunds Survey 2014 answers these…
European Court of Justice rules against Danis...
The Court of Justice of the European Union held that a Danish provision for recapture of losses sustained in a foreign permanent establishment constitutes a restriction of the freedom of…
EU Council of Ministers agrees with amendment...
The amendment means that payments received on cross-border hybrid loans will be excluded from tax exemption as from January 1, 2016.…
VAT exemption does not apply to discount card...
On June 12, 2014 the Court of Justice of the European Union ruled that discount cards did not fall within the scope of ‘securities’ or of ‘other negotiable instruments’ for the…
Court of Justice of the European Union rules...
On June 12, 2014 the Court of Justice of the European Union (CJEU) ruled that Dutch legislation on the fiscal unity for corporate income tax purposes is contrary to the European freedom of…
Important decision by CJEU on the dividend wi...
The Court of Justice of the European Union in Luxembourg has concluded that the 8.3% dividend withholding tax pursuant to the BRK is permissible subject to certain conditions. …
Decision Dutch District Court on VAT treatmen...
The District Court in The Hague recently rendered judgment in a case concerning the recharging of advisory fees by a bank. The bank had deployed an external advisor in connection with the…
Advocate General at CJEU issues Opinion on tr...
The Advocate General concludes that transactions between a foreign head office and a fixed establishment that is part of a VAT group are outside the scope of VAT.…
Bitcoins: paying with homemade money?
Source: Btw Brief 2014/39Author: Thomas van Ditzhuijsen and Niels Wenting A Bitcoin is a digital payment instrument. The number of companies worldwide that accept Bitcoins is…
OECD issued public discussion draft on tax ch...
On March 24, 2014, the OECD released a public discussion draft on the tax challenges of the digital economy, as part of its base erosion and profit-shifting action plan (Action 1).…
European Council agreed to adopt amendments t...
On March 20, 2014 Luxembourg has agreed to a proposed revision of the EU Savings Directive. This clears the path for the EU Council of Ministers to adopt the amendments in the Savings…
Action required: new rules on Swiss Principal...
Via this alert we would like to inform you about the recently published ‘guidelines’ from the Swiss federal tax administration on the taxation of Principal Companies, which could have a…
Advocate General at Court of Justice of the E...
Under Dutch legislation, a fiscal unity for corporate income purposes cannot be established between sister companies of a foreign parent, or between sister companies and the foreign parent.…
Tax Intelligence Solution
Do you want to identify your VAT risks and opportunities on time, based on facts, so that you can subsequently take appropriate action? And do you want to spare your IT colleagues a lot of…
Important advice by Advocate General at CJEU...
The Advocate General at the Court of Justice of the European Union in Luxembourg has concluded that the 8.3% dividend withholding tax pursuant to the BRK is not always permissible.…
Advocate General recommends further review on...
On January 30, 2014, Ms. Van Hilten, the Advocate General attached to the Supreme Court, issued her independent opinion on the appeal a taxpayer had filed before the Supreme Court regarding…
VAT adjustment private use of company car for...
The Dutch tax authorities have stated that if an objection was filed against the assessed amount of the VAT adjustment for the private use of a company car for 2011 or 2012, no objection…
The Supreme Court requests preliminary ruling...
The Supreme Court has requested preliminary rulings on Dutch dividend withholding tax levied on non-resident private shareholders and foreign companies.…
Tax treatment of additional Tier 1 capital
Banks will be able to deduct, for tax purposes, the return on additional Tier 1 capital, even if it was issued after January 1, 2014.…
European Commission proposes amendments to Pa...
On November 25, 2013, the European Commission proposed amendments to the EU Parent-Subsidiary Directive (“the Directive”) in order to close off perceived opportunities for corporate tax…
The VAT position of self-employed health care...
Various judgments were recently rendered on the VAT consequences of using the services of self-employed medical staff; the results varied. The Lower House as well as the media are paying…
Supreme Court rules against Finnish investmen...
The Supreme Court has ruled that a Finnish investment fund is not entitled to a refund of withheld Dutch dividend withholding tax.…
ITR World Tax 2014
KPMG Meijburg & Co. has been ranked 'Tier 1' in the recently published ITR World Tax 2014.…
Germany imposes stricter conditions for zero...
Germany has increased the administrative burden for intra-Community supplies, i.e. the cross-border transport of goods within the European Union (EU). Customers must sign for receipt of the…
VATAutomation
Can you meet all your statutory VAT obligations? Can you accomplish this in all the EU Member States in which you operate as an entrepreneur? Are you certain that, where intragroup…
VAT training
Meijburg & Co can offer you an in-house course, training, or workshop that is geared specifically to your company’s needs. This involves tailor-made solutions: you decide, in consultation…
VAT Quick scan
Meijburg & Co’s VAT quick scan is a simple and efficient tool that helps entrepreneurs determine whether they run any VAT compliance risks. Furthermore, it identifies potential VAT-saving…
Indirect Tax – Investment management
The advisors of Meijburg & Co’s Indirect Tax Financial Services group have extensive experience not only in identifying the VAT risks confronting institutional investors and their asset…
Indirect Tax – Financial services
The advisors of Meijburg & Co’s Indirect Tax Financial Services group have extensive experience in identifying the VAT risks confronting financial institutions, but also the VAT…
Indirect Tax – Payment Services
The advisors of Meijburg & Co’s Indirect Tax Financial Services group have extensive experience in not only identifying the VAT risks confronting payment service providers, but also the…
Indirect Tax – Banking
Meijburg & Co’s Indirect Tax Financial Services Group advises clients active in the banking industry. Our specialists have extensive experience with identifying VAT risks, advising on…
European legal entities
At present, there are three supranational types of legal entities in the European Union: European Economic Interest Grouping (EEIG) European public limited liability company, or…
European tax base
On October 23, 2001, the European Commission published a report entitled“Company taxation in the internal market.” It addresses problems regarding, for example, the limits to…
VAT Directive
The Dutch VAT system is based on European VAT rules and must be compatible with them. When it is not, taxpayers may choose to adopt the VAT position that benefits them the most, which may…
Directives on direct taxes
The application of the freedoms under the EC Treaty is sometimes referred to as “negative integration.” By contrast, “positive integration” refers to the European policies pursued…
Arbitration Convention
The Arbitration Convention entered into effect on January 1, 1995. Its aim is to eliminate double taxation in the event that tax authorities adjust profits associated enterprises realize…
Most-favored nation principle
Must non-Dutch resident taxpayers from different Member States be treated equally for tax purposes or, is the Netherlands allowed, for example, to treat residents of one Member State more…
Direct effect
The EU has various legal instruments at its disposal for realizing its objectives. Of these legal instruments, directives are the most pertinent to taxation, with regulations being less…
Non-discrimination in tax matters
There are three ways freedoms guaranteed by the EC Treaty may be impeded, either in whole or in part, by national tax legislation: direct discrimination indirect…
Indirect Tax – Insurance
The advisors of Meijburg & Co’s Indirect Tax Financial Services group have extensive experience in not only identifying the VAT risks associated with insurance products, but also the VAT…
The 2013 Benchmark Survey on VAT/GST
The 2013 Benchmark Survey on VAT/GST provides valuable insights into emerging best practices, benchmarks and global and regional trends.…
Customs duties vs. VAT; strict vs. flexible?
The Court of Justice of the European Union recently ruled that a customs debt arises if administrative obligations are not met. This is also the case if the goods were re-exported; a fact…