This is the news page of Taxand Netherlands. Here you will find our most recent press releases.
Dutch State Secretary announces changes to anti-abuse rules
The outcome of recent cases of the European Court of Justice has led the Dutch State Secretary to announcing that on Budget Day (‘Prinsjesdag’) he will propose changes to the anti-abuse rules in the Corporate Income Tax Act and the Dividend Tax Act. These changes should enter into effect as per January 1, 2020.
Tax driven acquisition financing structure qualified as abuse of law
Recently, the Amsterdam Higher Court ruled on the targeted financing structure that was put place by PAI partners for the acquisition of Hunkemöller in 2011. As part of the financing structure, convertibles instruments were issued by a Dutch entity to four French hybrid parent companies. The tax inspector targeted the deductibility of the interest on the convertible instruments by arguing (amongst others) that the convertibles instruments do not qualify as debt for Dutch tax purposes.
Proposed amendments of the Dutch Mining Act
The Dutch Ministry of Economic affairs proposes to amend The Dutch Mining Act.
The Mining Act regulates extraction of natural resources on the Dutch main land and the Dutch continental shelf and state profit share (in Dutch: “staatswinstaandeel”) Over the past decades, an extensive infrastructure has been built for exploration and exploitation of natural resources. The depletion of the natural resources will lead to the disposal and removal of this infrastructures. The proposal aims to ensure dismantling will take place and that the re-use of certain parts of the infrastructure is safeguarded. Furthermore, the proposal aims to ensure that there are sufficient incentives to identify and extract the remaining reserves.