Our knowledge We would like to share our knowledge with you.

Revamping Transfer Pricing

On 12 September 2023, the European Commission introduced two directive proposals. One of the proposals, relates to transfer pricing (“TP Directive”) and aims to reshape the landscape of transfer pricing (“TP”) regulations across the single market. If unanimously accepted by all EU Member States, these rules would result in (more or less) harmonized TP rules. Member States would be obligated to apply the at arm’s length principle in line with the OECD TP Guidelines and taxpayers would be required to apply the most appropriate TP method. Furthermore, the TP Directive offers methods to avoid double taxation and a fast-track procedure to resolve double taxation. These rules would apply as from 1 January 2026.

Dennis Nijssen 17.10.2023

European corporate income tax base – BEFIT

On 12 September 2023, the European Commission introduced two directive proposals. One of the proposals (“BEFIT”) aims to improve efficiency for both corporate income taxpayers and tax authorities by introducing a new, single set of rules to determine the tax base of (European) groups of companies. This proposal replaces the previous proposals regarding a harmonized European corporate income tax base (CCTB and CCCTB). If unanimously accepted by all EU member states, these rules would apply as from 1 July 2028.

Dennis Nijssen 17.10.2023

Key highlights from the Tax Plan 2024

On Tuesday, September 19, 2023 (Budget Day), the outgoing Dutch Minister of Finance revealed the Tax Plan 2024 in which several tax measures were announced. You will find our publication Tax Plan 2024 Special attached, in which we outlined the most important measures from an international perspective. Please note that the proposals are subject to discussion and approval by the Dutch Parliament.

Lex van Noordenburg 26.09.2023

No longer lengthy, costly and cumbersome withholding tax procedures?

In the current environment, EU Member States often levy withholding tax on dividends and interest paid. Subsequently, this withholding tax paid may be eligible for a refund based on tax treaties. The procedures for such refunds can be problematic in practice and differ significantly per Member State. The European Commission has now proposed new rules in order to streamline and simplify withholding tax procedures in the EU. In addition, these rules aim to prohibit the abuse of refund procedures. The current proposal only applies to publicly traded shares and, where applicable, interest from publicly traded bond.

Dennis Nijssen 23.06.2023

Cross-border work – Regular or part-time work abroad

Will you be sending your employees to work abroad on a project or for a fixed number of days a week? Alternatively, are you an employee yourself and do you find yourself in such a situation? In either case you may always want to check whether this will give rise to tax and/or social security obligations for the relevant employee in the country in which they will be working. Below you can read about the situations which should set alarm bells ringing.

Esther Patty 19.06.2023

Dutch legislative proposal on Pillar 2 implementation submitted with Parliament

In our blog of 23 December 2023, we discussed the draft legislative proposal Minimum Tax Law 2024 (“Wet minimumbelasting 2024”). We hereby inform you that the legislative proposal is no longer in draft and has been sent to the Dutch House of Representatives on 31 May 2023. Once accepted, it will be reviewed in the Dutch Senate before entering into force.

Dennis Nijssen 02.06.2023

Draft Minimum Tax law 2024

On Monday 12 December 2022 the EU Member States reached an agreement about the EU wide implementation of the rules aimed at introducing a global minimum tax of 15% on profits of multinational enterprises. The Committee of Permanent Representatives approved the draft EU Directive prepared for this purpose and submitted it with the Council to be formally adopted in a further written procedure. The Directive provides for the European implementation of the initiative agreed on by the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting in October 2021 as part of its “Two Pillar Solution to Address the Tax Challenges Arising From the Digitalisation of the Economy”. Member States are required to implement the Directive into their national law by 31 December 2023 at the latest. The Netherlands was anticipating this and had already shared a draft Bill introducing an entirely new law, the Minimum Tax Law 2024 (“Wet minimumbelasting 2024”) for input from the general public in an online consultation. This blog summarizes key aspects of the Dutch implementation proposal and how multinationals should prepare.

Dennis Nijssen 23.12.2022

Expansion of compliance obligations for digital platform operators (DAC7)

As of 1 January 2023, certain digital platform operators are required to collect, verify and report information of sellers on their platform to the tax authorities. The tax authorities will automatically exchange the reported information with other tax authorities of EU member states. These new requirements follow from an amendment of the EU directive on administrative cooperation in the field of taxation (DAC7).

Pieter Bernsen 13.04.2022

European Commission Introduces new rules to prevent the misuse of shell entities

On 22 December 2021, the European Commission proposed new rules aimed against the misuse of shell entities for improper tax purposes. Based on the proposal, EU companies that qualify as shell entities may be disallowed to claim tax advantages under an applicable tax treaty or EU directive.

Robert de Vries 31.12.2021

Commission on the taxation of multinationals in the Netherlands publishes report on taxation of multinational companies

In 2019, the Dutch Government (Government) has established a commission (Commission) to advise the Government on further measures for ‘fairer’ taxation of multinational companies while it is ensured that the Netherlands maintains to have an attractive tax investment climate for multinational companies. The Commission consists of representatives from the Dutch Government, tax advisers and academics.

Thijs Visser 20.04.2021

Dutch tax measures for bussiness as a result of the Corona-crisis.

Last week the Dutch Government has announced several significant (both tax and non-tax related) measures for businesses as a result of the Corona-crisis. These (temporary) measures are in principle in place for the coming three months, but this period may be extended, if deemed necessary, by the Dutch Government. Below we will discuss the most important measures.

Thijs Visser 23.03.2021