News

November 1, 2018

Public consultation on Bill implementing ATAD2

On May 29, 2017, an amendment to the EU Anti-Tax Avoidance Directive was adopted, so that this directive also focuses on combating hybrid mismatches between EU Member States and third countries (ATAD2). We had already paid attention to this in our previous memorandum. 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. This bill and the changes it will entail for corporate income tax are discussed below. 

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October 31, 2018

Economic Partnership Agreement between the EU and Japan: simplification of certificates of origin

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 Japanese Parliaments. 

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October 29, 2018

New developments regarding the 2019 Tax Plan package and the emergency repair of the fiscal unity

On October 25, 2018, the Deputy Minister of Finance, Menno Snel, published the answers to the questions raised by the Lower House about the legislative proposals in the 2019 Tax Plan package (including ATAD1). Several Memoranda of Amendment were also sent to the Lower House. On October 26, 2018, the Memoranda of Amendment resulting from the government’s reconsideration of the business climate package were also published.

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October 22, 2018

Partial VAT recovery for costs related to hire purchase agreements

On October 18, 2018, the Court of Justice of the European Union (‘CJEU’) delivered its judgment in the Volkswagen Financial Services (UK) Limited case (C-153/17). The CJEU ruled that in the case of a hire purchase agreement, the supply of a vehicle and supplies of credit can be treated as separate supplies for VAT purposes.

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October 19, 2018

Dutch Supreme Court follows Court of Justice of the European Union in the per element approach

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 Justice of the European Union (CJEU) and on which it had received a ruling at the beginning of 2018 (see our previous memorandum). 

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October 18, 2018

CJEU: VAT recovery also permissible for unsuccessful acquisition

On October 17, 2018, the Court of Justice of the European Union (hereinafter: CJEU) rendered judgment in the Ryanair case (C-249/17). The case concerned the Irish airline Ryanair, which had incurred costs in respect of its attempt to acquire its competitor Aer Lingus. 

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October 16, 2018

Letter from Deputy Minister on reconsideration of package of business climate measures

As part of the 2019 Tax Plan package, the government proposed on Budget Day to abolish the current dividend tax as of January 1, 2020 and at the same time introduce a conditional withholding tax on dividends (see our previous report). 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 other measures. This letter is addressed below.

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October 4, 2018

VAT: Cross border pro rata applies to costs incurred by fixed establishment

On October 3, 2018, the Opinion issued by the Advocate General (‘AG’) to the Court of Justice of the European Union (‘CJEU’) in the Morgan Stanley & Co International plc (‘Morgan Stanley’) case (case no. C-165/17) was published. This case concerns the VAT recovery of costs incurred by a fixed establishment that are also used for the activities of a foreign head office. 

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October 3, 2018

FS Tax Newsletter Issue 35 | October 2018

Welcome back! The summer holiday season has come to an end. We hope you had a wonderful summer and are ready to get back into the swing of things.

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September 26, 2018

Internet consultation on tax treaty policy and designation of low-taxed states

On September 25, 2018 the government launched an internet consultation, giving interested parties the opportunity to raise issues that are important to them relating to i) Dutch tax treaty policy and ii) the designation of low-taxed states with a view to – first of all – the application of the measure on Controlled Foreign Companies (‘CFC’s’) proposed on Budget Day. 

We will briefly address these two aspects of the consultation

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September 20, 2018

Budget Day 2018: changes to payroll taxes

On Budget Day, September 18, 2018, the government presented the package of measures for the 2019 Tax Plan to the Lower House. In our memorandum we address the most significant proposed changes to payroll taxes and a number of changes to personal income tax related to international employment. 

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September 19, 2018

Tax measures for 2019

On Budget Day, September 18, 2018, the government presented the 2019 Tax Plan to the Lower House.

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