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.…
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.…
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…
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.…
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.…
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.…
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.…
The voluntary disclosure scheme as of January...
The voluntary disclosure scheme very nearly didn’t reach its twentieth anniversary.…
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.…
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…
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…
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…
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.…
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.…
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.…
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…
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.…
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…
Will Brexit bite businesses?
On Monday, March 13, 2017 the British Prime Minister Theresa May received the go-ahead for Brexit from the House of Lords; the UK Parliament had already given its approval. This put paid to…
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.…
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.…
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.…
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.…
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…
Enforcement of Assessment of Employment Relat...
The implementation period is extended from May 1, 2017 to January 1, 2018.…
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. …
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 - 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…
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.…
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.…
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.…
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.…
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…
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.…
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.…
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.…
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,…
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.…
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.…
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…
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…
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.…
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…
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…
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…
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.…
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.…
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…
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…
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…
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…
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;…
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.…
OECD releases first recommendations action pl...
On September 16, 2013, the OECD launched the first set of reports following its Action Plan to deal with base erosion and profit shifting (“BEPS”). The reports address 7 of the…
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…
News Alert Municipal taxes and the valuation...
In this issue: Which care homes qualify for the landlord levy?, Change to tax on tap water reversed, Save on inheritance tax, WOZ value of retail outlet.…
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…
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…
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. …
Upper House passes bill on changes to pension...
The change to pensions in 2015 (Witteveen 2015) is a reality.…
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.…
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.…
Connecting and uniting a family and running a...
Managing a family business is like juggling. The objectives of the company – growth and realizing good profits – do not always run in parallel with the needs and expectations of the…
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…
Bill with measures from pension agreement
A bill has been presented with measures taken from the agreement concluded in December 2013 between parliamentary parties VVD, PvdA, D66, ChristenUnie and SGP and the government on the…
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…
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.…
Agreement on pension changes in 2015
The parliamentary parties VVD, PvdA, D66, ChristenUnie and SGP have reached agreement with the government on pension changes to take effect in 2015.…
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.…
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…
Chronicle of European Procedural Tax Law
In this chronicle, the author discusses a number of developments that have taken place in case law rendered by the Court of Justice of the European Union with regard to European procedural…
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…
European social security
As a general rule, Dutch residents are compulsorily insured under national insurance legislation. Dutch national insurance legislation includes the following Acts: AOW (old-age pension…
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…