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On July 12, 2019, the bill to implement the EU Directive on mandatory disclosure (DAC6), which took effect on June 25, 2018, was presented to the Lower House. This Directive provides for the mandatory automatic exchange of information on reportable cross-border arrangements. A public consultation on a draft of the bill took place at the end of 2018/beginning of 2019; see our previous memorandum on this. The bill that has now been presented to the Lower House is addressed below. 

The updated Guidelines include several substantive changes compared to the earlier version.

During the parliamentary debates on the Dutch implementation of the Mandatory Disclosure Rules (DAC6) it was acknowledged that, in practice, it can be difficult to determine whether or not a certain arrangement is reportable. The Guidelines for Reportable Cross-border Arrangements published on June 30, 2020 by Decree dated June 24, 2020, provide further details about the reporting obligation for ‘Dutch’ intermediaries or ‘relevant taxpayers’.

Recently, agreement was reached at the EU level on postponing by six months the deadline(s) for notifying reportable cross-border arrangements to the Dutch tax authorities under the Mandatory Disclosure Rules (DAC6). By letter to the Lower House of Parliament dated June 26, 2020, the Deputy Minister informed the Lower House that he will also be granting a postponement in the Netherlands by way of a policy statement of the same date enclosed with that letter.

Along with the adoption of the 2020 Tax Plan package and the bills on the implementation of ATAD2 and DAC6, the Upper House also adopted several motions.

The increasingly large number of new tax compliance obligations worldwide have changed the way we look at compliance. New regulations are not only continually be implemented at an international level (e.g. CbCR, Mandatory Disclosure rules, VAT Quick Fixes, DAC6, OECD Pillars One and Two) but also at a national level (e.g. SAF-T, e-invoicing, SII, Making Tax Digital). These additional requirements are on top of annual and periodic tax returns.

The summer holiday period is fast approaching and as this will be our last FS Tax Newsletter before the summer holidays begin. We would like to update you on the developments we have been monitoring over the past few months, so that you can start the summer well-informed.

This newsletter includes VAT-related topics covering, for example, the VAT position of supervisory board members and similar officials and the possibility of VAT on compensation in the event of premature termination of (lease) agreements. In addition, DNB’s guidance on tax integrity risks for banks and two bills, one about the Mandatory Disclosure Directive and one about ATAD2, will be discussed.

With the end of the year less than a month away and the Christmas holidays fast approaching you are probably busy wrapping things up and setting goals for next year. This last FS Tax Newsletter for the year 2020 briefly summarizes the relevant tax developments of the last few months.

In our memorandum we address the most significant changes proposed for payroll taxes and social security contributions.