Procedural tax law

EU Anti-Tax Avoidance Directive 2: hybrid mismatches with third countries

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’). The new Directive (‘ATAD 2’) amends Article 9 of ATAD 1, which covered certain hybrid mismatches between EU Member States. 

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Bill on implementation of UBO register presented for public consultation

On March 31, 2017 the draft bill on the Registration of Ultimate Beneficial Owners Implementation Act (hereinafter: the bill) was presented for public consultation

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Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting signed by the Netherlands and other countries

On June 7, 2017, the Dutch Minister of Finance Dijsselbloem and other high-level representatives of 67 countries representing 68 jurisdictions signed the Multilateral Convention (“Multilateral Instrument” or “MLI”) to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (BEPS) and improve dispute resolution mechanisms. 

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Internet consultation on Anti-Tax Avoidance Directive (ATAD1)

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 measures. These measures include the introduction of an interest deduction limitation and changes to the participation exemption and are prescribed under the European Anti-Tax Avoidance Directive (ATAD1). The changes must take effect on January 1, 2019.

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Update on UBO register

On December 19, 2017, the European Commission published an amendment to the 4th Anti-Money Laundering Directive (2015/849). The 4th Anti-Money Laundering Directive contains rules on the UBO register. These rules must then be transposed into national legislation. 

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Update on the progress of the UBO register in the Netherlands

On January 31, 2018, the Dutch government published the proposed Decree implementing the Money Laundering and Terrorist Financing (Prevention) Act 2018 (Uitvoeringsbesluit Wwft 2018) (hereinafter: the draft decree). The draft decree stipulates additional rules for defining the ultimate beneficial owners (UBOs) of legal entities in the Netherlands. 

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Enforcement of Assessment of Employment Relationships Deregulation Act (Wet DBA) further postponed

On February 9, 2018, the Minister of Social Affairs and Employment and the Deputy Minister of Finance informed the President of the Lower House of Parliament in a joint letter about developments concerning the Assessment of Employment Relationships Deregulation Act (Wet deregulering beoordeling arbeidsrelaties; DBA Act). In the letter they write that the enforcement of this legislation will be further postponed until January 1, 2020.

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Deputy Minister provides more insight into his future tax plans

On February 23, 2018, the Deputy Minister of Finance explained his future tax plans in two letters. One letter contained his Tax Policy agenda, while the other elaborated on the first priority of this agenda: combating tax avoidance and tax evasion. 

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Political agreement reached on proposal for mandatory disclosure of reportable cross-border arrangements by intermediaries

On March 13, 2018, the European Council reached political agreement on the proposal for amending the Directive on administrative cooperation in the field of taxation (Directive 2011/16/EU or DAC). This is the latest in a series of EU initiatives in the field of the automatic exchange of information in tax matters. 

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