Dutch Lower House of Parliament passes Bill o...
Noteworthy is that the Lower House also agreed to change the MLI position of the Netherlands with respect to preventing the artificial avoidance of permanent establishment status.…
Bill on the Fiscal Unity Emergency Repair Act...
The emergency repair measures mean that for a number of legal provisions the approach to be taken is as if a fiscal unity for corporate income tax purposes does not exist.…
Insurance premium tax: CJEU decision on locat...
The case concerned insurance policies for M&A transactions and the CJEU judgment provides a welcome clarification.…
EU-Japan Economic Partnership Agreement enter...
The goal of the Economic Partnership Agreement is to liberalize and facilitate trade and investment between the parties and to promote closer economic ties between them.…
Brexit: a never ending story?
Assuming the media is right and the deal between UK and EU will not be accepted by the House of Commons. What does this mean for trade between UK and EU? For sure another period of…
Draft bill on transparency of civil society o...
It is a very broadly worded bill and will potentially affect many foundations and associations.…
Internet consultation on implementation of Ma...
This Directive provides for the mandatory automatic exchange of information on reportable cross-border arrangements.…
Dutch Supreme Court renders important judgmen...
In its judgment, the Supreme Court provided detailed guidelines on how to decide whether the costs incurred relate to the acquisition or disposal of participations.…
ECOFIN discusses new French-German proposal f...
On December 4, 2018, the Economic and Financial Affairs Council of the EU (ECOFIN) held an exchange of views on the digital services tax, but failed to reach an agreement on a compromise…
Deputy Minister outlines main features of upd...
The proposed measures cover the elements transparency, process and content in the context of the issuing of all rulings with an international character.…
Lower House adopts 2019 Tax Plan package and...
We have summarized the adopted amendments and the most important adopted motions.…
CJEU: the purpose of the sale of shares may l...
The outcome of this judgment is of major importance for M&A practices, whether or not within groups, private equity enterprises, but also for operating businesses holding participations.…
Deputy Minister answers questions about emerg...
The emergency repair measures mean that for a number of legal provisions the approach to be taken is as if a fiscal unity for corporate income tax purposes does not exist.…
Public consultation on Bill implementing ATAD...
On October 29, 2018, the government launched an internet consultation to give interested parties the opportunity to respond to the draft bill to implement ATAD2 to tackle hybrid mismatches.…
Country-by-Country Reporting: overview of not...
Meijburg & Co has prepared an overview of the CbCR notification requirements for all countries that implemented final CbCR legislation as of 2016, 2017 and 2018.…
Economic Partnership Agreement between the EU...
On July 17, 2018, the EU and Japan signed a new Economic Partnership Agreement (EPA), with expected entry into force in the first half of 2019 after ratification by the European and…
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.…
Dutch Supreme Court follows Court of Justice...
On October 19, 2018, the Supreme Court rendered its final judgment in two important corporate income tax cases, in which it had previously requested a preliminary ruling from the Court of…
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…
Internet consultation on tax treaty policy an...
Interested parties are given the opportunity to raise issues that are important to them relating to Dutch tax treaty policy and the designation of low-taxed states.…
Tax measures for 2019
The main features of the 2019 Tax Plan are addressed in our memorandum.…
Advocate General at CJEU: VAT recovery limita...
This Opinion is particularly important for M&A practices, whether or not within groups, private equity enterprises, but also for operating businesses holding participations.…
European Commission State aid decision in the...
On June 20, 2018, the European Commission announced its final decision on the state aid investigations into tax rulings granted by the Luxembourg tax authorities to GDF Suez (Engie).…
Bill with emergency remedial measures for fis...
The measures in the bill mean that some Sections of the Corporate Income Tax Act and the Dividend Withholding Tax Act will have to be applied as if there is no fiscal unity.…
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.…
Deputy Minister answers parliamentary questio...
The announced measures will drastically change the Corporate Income Tax Act in the coming years.…
Deputy Minister of Finance releases new Trans...
This decree particularly concentrates on aspects where the 2017 OECD Transfer Pricing Guidelines leave scope for domestic interpretation.…
International Tax Newsletter - March 2018
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…
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.…
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.…
International Tax Newsletter - February 2018
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…
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.…
The Multilateral Instrument (BEPS Action 15)
Our two-pager gives you an overview of the key BEPS Actions the MLI focusses on implementing, how it will work, who it will affect and what the next steps should be.…
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.…
International Tax Newsletter - January 2018
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…
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.…
International Tax Newsletter - November 2017
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…
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…
VAT and e-commerce: new legal provisions adop...
On 5 December 2017, the European Union adopted new legal provisions which principally affect both EU and non-EU businesses involved in the sale of goods cross-border to EU consumers…
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…
International Tax Newsletter - October 2017
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…
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.…
International Tax Newsletter - September 2017
A monthly overview of international tax developments being reported globally.…
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.…
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).…
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.…
International Tax Newsletter - August 2017
A monthly overview of international tax developments being reported globally.…
Negative interest: an initial assessment from...
With a negative interest rate, roles are reversed and debtors receive an interest payment from creditors.…
International Tax Newsletter - July 2017
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…
New OECD Transfer Pricing Guidelines Issued
A new edition of 612 pages of the OECD Transfer Pricing Guidelines was published on July 10, 2017.…
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).…
International Tax Newsletter - June 2017
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…
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…
Innovation Box – approval by OECD
Further to the approval by the European Code of Conduct Group, the OECD has now also concluded that the Dutch Innovation Box does not produce any harmful tax competition.…
Innovation Box: approval by EU Code of Conduc...
The approval relates to the version of the Innovation Box that (for the most part) was introduced as of January 1, 2017, which was included in the 2017 Tax Plan.…
European Commission issues proposal for manda...
The proposal goes beyond the recommendations of BEPS Action 12 and proposes a wide ranging exchange of information.…
Multilateral Convention to Implement Tax Trea...
The Multilateral Convention (“Multilateral Instrument” or “MLI”) is in accordance with Dutch policy to combat BEPS on a multilateral basis and the Netherlands has taken a pro-active…
International Tax Newsletter - May 2017
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…
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.…
International Tax Newsletter - April 2017
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…
US tax reform - Trump administration announce...
On April 26, 2017, US Treasury Secretary Mnuchin and US National Economic Council Director Cohn announced the “core principles” of President Trump’s plan for US tax reform.…
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…
International Tax Newsletter - March 2017
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 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…
International Tax Newsletter - February 2017
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…
Supreme Court refers preliminary questions to...
We welcome the fact that the Supreme Court has decided to request a preliminary ruling.…
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’).…
Global Compliance Management Services
Transformation of ComplianceRevisiting the model for global tax and statutory compliance. KPMG’s Global Compliance Management Services (GCMS) practice has a world-wide network of…
International Tax Newsletter - January 2017
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…
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…
International Tax Newsletter - December 2016
Americas Europe & Africa Asia Pacific & MENASA …
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.…
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.…
International Tax Newsletter - November 2016
Americas Europe & Africa Asia Pacific & MENASA …
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…
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…
Multilateral Convention to Implement Tax Trea...
More than 100 jurisdictions have concluded negotiations on a Multilateral Convention (or ‘multilateral instrument’) that is intended to implement certain tax treaty related aspects of…
Country-by-Country Reporting: extension of no...
On November 21, 2016 the Dutch Deputy Minister of Finance issued a policy statement granting Dutch subsidiaries of multinational enterprises (MNEs) which are subject to Country-by-Country…
International Tax Newsletter - October 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…
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…
International Tax Newsletter - August 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…
International Tax Newsletter - july 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…
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…
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.…
International Tax Newsletter - june 2016
The e-newsletter is designed to be a one-stop shop for important news. The June 2016 edition is out.…
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…
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.…
International Tax Newsletter - May 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…
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…
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.…
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.…
ECOFIN reaches political agreement on non-pub...
This is a first step towards the formal adoption of the European Commission’s proposal.…
Supreme Court judgment: 150-kilometer criteri...
This definitely means that only employees who resided more than 150 kilometers from the Dutch border during at least two-thirds of the 24 months preceding the commencement of their…
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…
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.…
Section 13l and the Fiscal Unity Amendment Ac...
These are exciting times for Section 13l Corporate Income Tax Act 1969, the relatively new (three years old) provision in the corporate income tax that restricts the excessive deduction of…
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…
New transfer pricing documentation rules enac...
The rules governing transfer pricing documentation including Country-by-Country Reporting, Master File and Local File are effective as of January 1, 2016.…
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.…
Cabinet response to the Initiative Memorandum...
The amendments will, at the earliest, be included in the 2017 Tax Plan, which will be presented on Budget Day 2016.…
10 EU Member States agree on some principles...
Estonia has indicated that it no longer supports the proposal.…
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.…
Crisis levy 2014 contrary to ECHR, according...
The Advocate General concluded that there is retroactive effect and furthermore that this cannot be justified.…
Decree approving ATRs: modification possible...
It concerns advanced tax rulings (ATRs) that, as a result of expected adoption of the Parent-Subsidiary Amendment (Implementation) Act 2015 by the Lower House, would lose their validity.…
International Tax Newsletter - September 2015
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…
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.…
Corporate Income Tax Fiscal Unity (Amendment)...
On October 16, 2015 a bill was presented to the Lower House, which makes a fiscal unity between sister companies as well as a fiscal unity between a parent and sub-subsidiary legally…
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.…
BEPS Action Plan Action 14: More Effective Di...
In the report released in July 2013, the OECD announced the need to develop solutions for obstacles that prevent countries from resolving treatyrelated disputes under mutual agreement…
OECD releases final BEPS Package
The release of the final recommendations does not mean that the book on BEPS can now be closed.…
International Tax Newsletter - August 2015
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…
Lower House approves new tax arrangement betw...
On September 10, 2015 the Lower House approved the new bilateral rules for the avoidance of double taxation between the Netherlands – including its Caribbean territories (i.e. Bonaire,…
Tax measures for 2016
On Budget Day, September 15, 2015, the Cabinet presented the 2016 Tax Plan to the Lower House.…
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.…
The Lost Decree
Source: NTFR Artikelen 2015/6Author: Bauco Suvaal In an article that the author wrote in 2011, he, along with others, expressed the hope that the updating of the Decree, dated May 6, 2008,…
CJEU: warranty may be VAT-exempt insurance
In this case, the CJEU broadly interprets the VAT exemption for insurance.…
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.…
Summary of BEPS Action Plan and Status as per...
This document provides for a summary and the status of the OECD Action Plan on Base Erosion and Profit Shifting (“BEPS”), as per June 2015. We will first summarize the recent…
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).…
International Tax Newsletter - May 2015
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 and ASPAC…
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.…
OECD releases Country-by-Country (CbC) Report...
The CbC implementation package can assist jurisdictions with the effective local implementation of CbC Reporting and consists of model legislation and three model Competent Authority…
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.…
OECD - Discussion draft, BEPS Action 8 (hard-...
The discussion draft explains the difficulties faced by tax authorities in verifying the arm’s length basis on which pricing is determined by taxpayers for transactions involving a…
Revised discussion draft on BEPS Action 7 (Pr...
In March 2015 the Working Party on Tax Conventions and Related Questions moved from a series of alternative options to one preferred proposal, which is contained in the revised discussion…
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.…
Revised discussion draft on BEPS Action 6 (Pr...
The revised discussion draft deals with issues relating to the Limitation on Benefits provision, the Principal Purpose Test and several other issues.…
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…
International Tax Newsletter - April 2015
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 and ASPAC…
OECD releases Discussion Draft on Cost Contri...
On 29 April 2015 the OECD published a public Discussion Draft on possible revisions to chapter VIII of the OECD Transfer Pricing Guidelines on cost contribution arrangements (CCA’s).…
International Tax Newsletter - march 2015
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 and ASPAC…
OECD releases discussion draft on strengtheni...
On April 3, 2015, the OECD released a discussion draft which deals with BEPS Action 3: strengthening CFC rules.…
Advocate General follows line taken by Court...
Advocate General Mengozzi concluded that a holding company that is actively involved in the management of its participations is entitled to deduct the VAT charged on the costs it incurs on…
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.…
EU proposes compulsory exchange of informatio...
The proposals are part of a package of measures to combat tax avoidance and harmful tax competition.…
International Tax Newsletter - February 2015
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 and ASPAC…
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…
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…
International Tax Newsletter - January 2015
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 and ASPAC…
Agreement on implementation package for count...
On February 6, 2015 the OECD announced that the OECD and G20 countries had reached agreement on an implementation package for country-by-country reporting in 2016 and a related…
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…
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).…
International Tax Newsletter - December 2014
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 and ASPAC…
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…
OECD releases discussion draft on interest de...
On December 18, 2014, the OECD released a discussion draft which deals with BEPS Action 4: interest deductions and other financial payments.…
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.…
International Tax Newsletter - November 2014
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 and ASPAC…
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…
International Tax Newsletter - October 2014
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 and ASPAC…
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…
International Tax Newsletter - September 2014
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 and ASPAC…
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…
OECD BEPS Action Plan
Tax laws across Europe are undergoing massive reforms with one key component being the ongoing work of the Organisation for Economic Co-operation and Development (OECD) and their Base…
Investment in the Netherlands 2014
Each year KPMG publishes an updated edition of ‘Investment in the Netherlands’, which outlines the Dutch investment climate.…
Tax measures for 2015
On Budget Day, September 16, 2014, the Cabinet presented the 2015 Tax Plan to the Lower House.…
International Tax Newsletter - August 2014
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 and ASPAC…
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…
International Tax Newsletter - July 2014
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 and ASPAC…
New tax treaty between China and the Netherla...
The new tax treaty between China and the Netherlands will enter into force at the end of August and apply to income received after January 1, 2015. A number of changes that have been made…
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…
Taxation of Cross-Border Mergers and Acquisit...
KPMG’s Taxation of Cross-Border Mergers and Acquisitions features information from 60 countries on their current laws and regulations and the potential implications for tax-efficient…
Does temporal ringfencing facilitate creativi...
Source: Weekblad Fiscaal Recht, 2014/846, pp. 846-856.Author: Laura Cats and Bauco Suvaal On May 27, 2014 the Deputy Minister of Finance, Mr. Wiebes, presented the Memorandum in response…
International Tax Newsletter - June 2014
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 and ASPAC…
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…
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.…
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…
International Tax Newsletter - May 2014
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 and ASPAC…
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. …
International Tax Newsletter - april 2014
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 and ASPAC…
Corporate and Indirect Tax Rate Survey 2014
Indirect and corporate tax rates on a rollercoaster ride: KPMG International survey reviews the ups and downs…
Dutch State Profit Share – Recent Supreme Cou...
On April 11, 2014, the Dutch Supreme Court provided guidance regarding on the treatment of tariff income for Dutch State Profit Share purposes.…
International Tax Newsletter - March 2014
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 and ASPAC…
Competitive Alternatives, 2014 Edition
Of the countries in Western Europe, the Netherlands is the most attractive for foreign companies wishing to locate in this part of Europe.…
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…
OECD issued public discussion drafts on neutr...
On 19 March 2014, the OECD released two public discussion drafts on the development of model treaty provisions and recommendations for the design of domestic rules to neutralize the effect…
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.…
International Tax Newsletter - February 2014
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 and ASPAC…
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.…
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.…
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…
International Corporate Tax Newsletter - Dece...
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 and ASPAC…
Transfer of authority to deal with ‘catch all...
To improve the speed with which requests for the application of the catch all clause contained in tax treaties are dealt with, the Ministry of Finance has decided to transfer the processing…
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.…
International Corporate Tax Newsletter - Nove...
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 and ASPAC…
Deputy Minister of Finance releases new trans...
On Tuesday, November 26, 2013, the Deputy Minister of Finance released a new transfer pricing decree which brings Dutch policy on transfer pricing in line with recent developments in this…
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…
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…
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…
Treaty freedoms
The EC Treaty provides for a complete ban on discrimination based on nationality(Article 12), thus guaranteeing a number of freedoms. Article 12 only applies if no other, more specific…
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…
Section 20a: the test moment tested
Source: NTFR 2012/2126, pages 7-13 Author(s): Bauco Suvaal Uncertainty exists in the tax practice, and possibly also in judicial circles if a recent judgment rendered by the District Court…