Draft bill on transparency of civil society o...
It is a very broadly worded bill and will potentially affect many foundations and associations.…
Brexit: INS announces transitional rules for...
The government has decided that UK citizens and their family members who lawfully reside in the Netherlands before Brexit will also retain their right of residence in the event of a ‘no…
Internet consultation on implementation of Ma...
This Directive provides for the mandatory automatic exchange of information on reportable cross-border arrangements.…
Annual adjustment of salary criterion for hig...
The gross monthly salaries that apply as of January 1, 2019 have been published.…
New developments regarding the 2019 Tax Plan...
On October 26, 2018, the Memoranda of Amendment resulting from the government’s reconsideration of the business climate package were also published.…
Letter from Deputy Minister on reconsideratio...
In a letter dated October 15, 2018, the Deputy Minister of Finance announced that the government has decided to leave the dividend tax as is, and to improve the business climate through…
Budget Day 2018: changes to payroll taxes
In our memorandum we address the most significant proposed changes to payroll taxes and a number of changes to personal income tax related to international employment.…
Tax measures for 2019
The main features of the 2019 Tax Plan are addressed in our memorandum.…
Important changes to sector classification ef...
In anticipation of the abolition of the sector classification in 2020, some problem areas will be addressed with retroactive effect to 5:00 p.m. on June 29, 2018.…
Assessment of early retirement scheme on the...
As a result of the judgment of the Supreme Court, reorganizations that result in the laying off of staff and which include a replacement or voluntary severance scheme are unlikely to be…
New mandatory disclosure requirements for int...
As a result of the broad definition of an intermediary, DAC6 does not solely target tax advisors but also many other service providers in the legal, financial and consultancy branches.…
Implementation of UBO register postponed
The presentation of the bill to the Lower House is scheduled for the beginning of 2019, following advice from the Council of State.…
30% ruling shortened to five years as of Janu...
Of vital importance is the fact that this change also applies to employees currently using the 30% ruling.…
Draft 2018 Decree implementing the Wwft provi...
The bill to implement the UBO register is expected before the summer.…
Evaluation of work-related costs rules
The most important findings of the evaluation relate to the administrative burden, the adequacy of the fixed exemption and the necessity criterion.…
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.…
Enforcement of Assessment of Employment Relat...
The drafting of new regulations for the labor market as agreed in the coalition agreement is a complex process, which requires amendments to labor law, tax law and social security…
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…
Court of Appeals: bonus shares do not fall un...
The Court ruled that, for the purposes of the work-related costs rules, the allocation of bonus shares to a select group of employees is generally considered unusual.…
Update on UBO register
The UBO register is expected to be transposed into legislation before the summer of 2018.…
ECHR dismisses complaints about crisis levy
This puts an end to the test cases against the crisis levy.…
The Supreme Court: interim evaluation of 30%...
According to the Supreme Court, the text of the Decree pertaining to the 30% ruling does not preclude such an interpretation.…
Annual adjustment of salary criterion for hig...
The gross monthly salaries that apply as of January 1, 2018 have been published.…
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…
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.…
Budget Day 2017: changes to payroll taxes and...
In our memorandum we address the most important changes proposed for payroll taxes and the Wages and Salaries Tax and National Insurance Contributions Reduced Remittances Act, as laid down…
Tax measures for 2018
The main features of the 2018 Tax Plan are addressed in our memorandum.…
Social security treaty between the Netherland...
As of September 1, 2017 employees seconded to China can remain partly insured for social security purposes in the Netherlands for a maximum period of five years.…
All the days of a stay in the Netherlands cou...
The Supreme Court adheres to the ‘days of physical presence’ method in the OECD Model Convention.…
Classification of temporary employment agenci...
Due to an amendment of the law, as of May 25, 2017 it is no longer possible for temporary employment agencies to be classified in the sector fund in which more than 50% of their workforce…
European Commission issues proposal for manda...
The proposal goes beyond the recommendations of BEPS Action 12 and proposes a wide ranging exchange of information.…
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…
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.…
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…
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.…
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.…
Important update on ICT permit for Japanese c...
The new rules contained in the Intra Corporate Transfer (ICT) Directive do not have to be applied to Japanese citizens.…
Annual adjustment of salary criterion for hig...
The gross monthly salaries that apply as of January 1, 2017 have been published.…
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…
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…
Enforcement of Assessment of Employment Relat...
The implementation period is extended from May 1, 2017 to January 1, 2018.…
Introduction of the European intra-corporate...
With effect from November 29, 2016 the Netherlands will implement the European Union Directive regulating the entry and residence of non-EU nationals who are transferred within a company.…
Hidden growth within family businesses
While family businesses are focused on growth, many of them stay discreet about their success, rarely appear on front pages, and continue to be an enigma. …
Social security treaty between the Netherland...
In practice, the specific provision for seconded employees and their family members will be of particular importance.…
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…
International Tax Newsletter - September 2016
Every month we publish an e-newsletter which gives you an overview of international tax developments being reported globally by KPMG member firms in the American, Africa, Europe, ASPAC and…
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…
First judgment on the work-related costs rule...
The judgment has indicated that the burden of proof for what is not standard practice under the work-related costs rules rests on the Dutch Tax and Customs Administration.…
Budget Day 2016: changes to payroll tax and s...
The 2017 Tax Plan also proposes changes for payroll tax and social security contributions, the R&D remittance reduction and the Box 3 taxation of foreign taxpayers.…
Tax measures for 2017
The main features of the 2017 Tax Plan are addressed in our memorandum.…
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.…
Compulsory work permit for Japanese citizens...
It was previously announced that as of October 1, 2016 Japanese citizens would no longer have unrestricted access to the Dutch labor market.…
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.…
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.…
CJEU decision in the Riskin and Timmermans ca...
The Court concluded that the freedom of capital does not preclude a Member State from treating dividends received from another Member State less favorably than those received from a third…
Entry into force of the Employment Conditions...
The Netherlands has thus implemented European directives to impose and respect the terms and conditions of employment of seconded employees.…
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.…
No longer free access to the Dutch labor mark...
This is a surprising development since the Japanese were actually exempted from the obligation to obtain a work permit during the past two years.…
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…
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.…
Supreme Court renders final judgments in the...
The Supreme Court ruling is favorable for foreign individuals with shares in Dutch companies.…
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.…
Introduction of Assessment of Employment Rela...
The Assessment of Employment Relationships Deregulation Act, which was adopted by the Upper House on February 2, 2016, also has implications for supervisory board members who currently…
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…
Annual adjustment of salary criterion for hig...
The gross monthly salaries that apply as of January 1, 2016 have been published.…
Sufficient support in the Upper House for the...
The government parties VVD and PvdA have reached agreement with D66.…
Crisis levy 2014 contrary to ECHR, according...
The Advocate General concluded that there is retroactive effect and furthermore that this cannot be justified.…
New decree on the international aspects of pe...
This decree updates the decree from 2008 and addresses the accrual of pension rights by incoming employees and the settlement of pensions of outgoing employees.…
Ratification completed: new tax treaty with G...
As expected, the tax treaty with Germany has been ratified, which means that it will apply as of January 1, 2016.…
Transition from VAR to model contracts postpo...
By postponing the government hopes to satisfy the wishes of both the organizations representing self-employed persons without employees and the unions as well as the employer organizations.…
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.…
Immigration News Highlights - October 2015
KPMG’s Immigration Services provides comprehensive immigration assistance for local and global organizations. We advise on the local rules for entry, residence and work authorization,…
Budget Day 2015: changes to payroll tax and s...
The 2016 Tax Plan also contains changes to payroll tax and social security contributions, such as the work-related costs rules and the current contribution reduction schemes.…
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…
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.…
Monthly salary of highly skilled migrants to...
When it switched to a month criterion in 2014, the government failed to mention that this involved the monthly salary excluding the vacation allowance. This was rectified as of March 1,…
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…
Policy Statement from the Deputy Minister of...
The general rule based on the revised OECD Commentary is that the country where the employee worked during the last twelve months prior to the termination of their employment can tax the…
Alternative for the Decision on Exemption fro...
The alternative provides for contracting and/or contracted parties (or their respective interest groups) to submit contracts to the Dutch tax authorities so that they can assess whether the…
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.…
Opinion issued in the PPG Holding BV case
The Advocate General at the Supreme Court, Ms. M.E. van Hilten, recently issued her Opinion in the PPG Holding BV (“PPG”) case in which she concluded that PPG could deduct the VAT on…
Important development in the immigration proc...
The Ministry of Social Affairs and Employment has confirmed that the UWV Employee Insurance Agency will follow the ruling by the Council of State that Japanese citizens no longer require a…
Deposit system canceled
It has recently been announced that the current G-accounts system will definitely not be replaced by a deposit system.…
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…
Dutch Tax and Customs Administration experien...
Clients who receive a hard copy assessment (or have recently received one) and do not receive (or have not received) notification from us about this although they normally do so, are…
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…
Adjustment of salary criterion for highly ski...
The gross monthly salaries that apply as of January 1, 2015 have been published.…
New tax regulation between the Netherlands an...
The Dutch Ministry of Finance recently announced that the new regulation for the avoidance of double taxation between the Netherlands and Curaçao is expected to take effect as of January…
District Court rules in test case instigated...
Insofar as non-recurring payments exceeding EUR 150,000 were made before April 26, 2012 or before March 1, 2013, these must be excluded from the calculation of the crisis levy.…
For the purposes of the customary salary rule...
On November 28, 2014 the Supreme Court rendered a judgment that is of importance for director-major shareholders who participate in a partnership via their own private limited liability…
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…
Decision on No Payroll Tax and Social Securit...
Under the Decision on No Payroll Tax and Social Security Contributions (Beschikking geen loonheffingen; “BGL”), the principal shares responsibility for checking the accuracy of the BGL;…
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…
Investment in the Netherlands 2014
Each year KPMG publishes an updated edition of ‘Investment in the Netherlands’, which outlines the Dutch investment climate.…
Changes to payroll tax, remittance reductions...
The 2015 Tax Plan also contains changes to payroll tax and social security contributions, such as the work-related costs rules and the normative salary for director-major shareholders.…
Tax measures for 2015
On Budget Day, September 16, 2014, the Cabinet presented the 2015 Tax Plan to the Lower House.…
Taxation of International Executives
A series of summaries that cover relevant income tax and social security rates, together with the key aspects of the tax legislation relating to expatriate employees.…
Thinking Beyond Borders: Management of Extend...
Summaries from 71 countries around the world will assist you in identifying compliance matters affecting your business travelers and developing a response tailored to your organization.…
New decree on reimbursements and provisions r...
As of July 1, 2014, the Decree on Salary, Exempt Salary and Reimbursements and Provisions has been amended. In addition to editorial changes, the amendments relate primarily to…
Changes to the work-related costs rules annou...
The changes are intended to make the rules easier to administer and will be included in the 2015 Tax Plan.…
New Tax Regulation between the Netherlands an...
On June 10, 2014 the new bilateral rules for the avoidance of double taxation between the Netherlands – including the Caribbean part – and Curaçao (“BRNC”) were announced and…
Upper House passes bill on changes to pension...
The change to pensions in 2015 (Witteveen 2015) is a reality.…
First District Court judgment rendered on cri...
On May 7, 2014 the District Court in the The Hague rendered judgment on seven individual proceedings concerning the crisis levy.…
European Commission: 150-kilometer limit as a...
According to the European Commission, the 150-kilometer limit is a prohibited restriction of the free movement of workers.…
Nil valuation of interest rate reduction for...
Tax treatment of the interest rate reduction to be amended in the Tax Plan 2015.…
Net annuity for taxpayers whose pensionable i...
As of January 1, 2015 the pensionable salary will to capped at EUR 100,000 and a new voluntary savings plan will be introduced for income exceeding this amount: the net annuity.…
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…
OECD issued public discussion draft on tax tr...
Recently, the OECD issued a public discussion draft on tax treaty abuse as part of its base erosion and profit-shifting action plan.…
Qualification capital contribution explained...
On February 7, 2013, the Supreme Court rendered judgment in two cases that dealt with whether a payment should be regarded as interest or as exempted participation dividend.…
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…
Family & Business
With Family & Business, we aim to develop a long-term relationship with the current and future owners of family businesses that span several generations. We want to be more than a…
Revision Foreign Nationals Employment Act
After the Modern Migration Policy Act took effect on June 1, 2013, the revision of the Foreign Nationals Employment Act took effect on January 1, 2014.…
Inheritance Tax Act business succession tax r...
In this article the authors discuss the judgment rendered by the Supreme Court on November 22, 2013, which ruled that the business succession tax relief in respect of gift and inheritance…
Intergovernmental Agreement between Netherlan...
Representatives of the Netherlands and the United States signed an intergovernmental agreement for the automatic exchange of data between the tax authorities of both countries, thus…
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.…
Main features new tax regulation between the...
On December 12, 2013, the Netherlands and Curaçao reached agreement on a new tax regulation for the avoidance of double taxation between the two countries.…
Introduction of Non-resident Registration (Re...
The implementation of the BRP Act on January 6, 2014, will see the permanent demise of the social security number and the introduction of the RNI as a means of registering non-residents.…
Review your pension plan before the end of th...
You need to review all your pension plans to check whether they are acceptable for tax purposes and, if necessary, amend them.…
Annuity exemption may also apply to redundanc...
In light of the cancellation of the annuity exemption, transitional rules will apply to existing annuity entitlements as at December 31, 2013.…
ITR World Tax 2014
KPMG Meijburg & Co. has been ranked 'Tier 1' in the recently published ITR World Tax 2014.…
International assignments of staff
People services, beyond tax, around the world Meijburg & Co Expatriate Services assists and cooperates with employers and their seconded employees on all aspects of cross-border…
Companies can recover the VAT charged on cost...
On July 18, 2013, the Court of Justice of the European Union ("CJEU") rendered judgment in the PPG Holdings BV case (C-26/12) concerning the recovery of VAT charged on costs incurred by a…
The management of pension funds implementing...
On March 7, 2013, the Court of Justice of the European Union ("CJEU") rendered its judgment in the Wheels Common Investment Fund Trustees Ltd case (C-424/11) on the VAT position of the…
Bill on deferral of payment of exit taxes
The bill foresees an amendment to the Tax Collection Act and provides for the possibility of deferring payment for corporate and personal income tax purposes. This article discusses in…
KPMG’s Individual Income Tax and Social Secur...
KPMG’s International Executive Services (IES) practice is pleased to provide you with the latest edition of the Individual Income Tax and Social Security Rate Survey. This annual report…