Tax Controversy

We are Stibbe Tax Controversy specialists

Supporting clients at all stages of a dispute, our experts bring a clear understanding of tax issues that can arise in controversies across many industries.

Tax Controversy

We work in close partnership with our clients to guide them through the complex challenges presented by tax controversies.

Our specialists handle all types of disputes with tax authorities both in court proceedings, in treaty-based arbitration and in the earlier stages of a conflict. As we recognise the benefits of resolving cases before litigation, we assist many clients with settlement negotiations, tax mediation and mutual agreement procedures. We have a keen awareness of the confidential nature of matters we deal with.

We handle all aspects of tax disputes including where third parties are being held liable for taxes, those involving international information exchange, fines, penalties, criminal tax law, and claims against the tax authorities in civil proceedings.

One of our unique specialisms is handling the tax aspects in civil litigation, for instance conflicts arising from the tax related clauses of share purchase agreements and other commercial contracts. In those matters we work in close cooperation with our corporate litigators.

In litigation, our experts have successfully represented our clients’ interests before all levels of the courts, including the European Court of Justice, the Belgian Constitutional Court, the Belgium’s Supreme Court (Hof van Cassatie/Cour de cassation) and the Netherlands Supreme Court (Hoge Raad).

Furthermore, should our clients be subject to investigations such as raids by the tax authorities, we provide decisive action and support.

Subscribe to newsletter

Experience

Other specialists

Related news

12.09.2018
Nadere uitleg van de Hoge Raad over 'op de zaak betrekking hebbende stukken'

Short Reads - De Hoge Raad heeft in drie belangwekkende arresten van 17 augustus 2018 een nadere uitleg gegeven over het verstrekken van op de zaak betrekking hebbende stukken. De drie arresten gaan over belastingzaken maar zij zijn relevant voor het hele bestuursrecht. In dit blogbericht gaan wij in op deze arresten en de betekenis daarvan voor de praktijk. Wij zullen in het bijzonder stilstaan bij de wijze waarop de Hoge Raad oordeelt over het verstrekken van gegevens bij geautomatiseerde besluitvorming.

Read more

27.02.2018 NL law
Further guidance on Dutch ATAD implementation and measures against letterbox companies

Short Reads - Further to the policy plans published by the Dutch government in October 2017, the Dutch State Secretary of Finance published on February 23, 2018 a Letter (the "Letter") containing further details on certain aspects of the Dutch government's two way approach of enhancing the investment climate in the Netherlands.

Read more

07.08.2018 NL law
Dutch international taxation - current developments

Short Reads - The global debate on alleged aggressive international tax planning initiated by the G20/OECD and the EU, is an important driver of the current developments in the field of international taxation. The following is a high level summary of certain developments relevant for the Netherlands:

Read more

03.07.2018 NL law
Abolishment of tax deductibility of coupon payments on AT-1 capital instruments announced per 1 January 2019

Short Reads - On Friday 29 June 2018, the Dutch government made public its intention to abolish article 29a Dutch corporate income tax act ('DCITA'), per 1 January 2019. As a result of the abolishment of this provision, coupon payments on so-called additional-tier 1 ('AT-1') capital instruments made by banks and insurance companies will no longer be tax deductible. The amendment of the DCITA, which is aimed to be included in the tax package for 2019, will apply to coupon payments made after 1 January 2019, irrespective whether it concerns new or already existing AT-1 instruments.  

Read more

11.06.2018 NL law
Legislative proposal on changes to the Dutch CIT fiscal unity made public

Short Reads - On 22 February 2018 the European Court of Justice ('ECJ') decided on two cases (C-398/16 and C-399/16), which are relevant for purposes of the 'per-element-approach' concerning the Dutch corporate income tax ('CIT') fiscal unity regime. To mitigate the (negative financial) impact of the decisions of the ECJ, the Dutch State Secretary announced last year that new legislation (with retroactive effect to 25 October 2017) will be introduced to amend the CIT fiscal unity regime.

Read more

22.02.2018 NL law
ECJ ruling on Dutch CIT Fiscal Unity prompts legislative action

Short Reads - In this Tax Alert we will address the anxiously awaited ruling of the European Court of Justice ("ECJ") on the joined cases C-398/16 and C-399/16. This judgement deals with the question whether EU law obliges the Netherlands to let taxpayers cherry pick benefits from the fiscal unity regime. We also mention the announcement of the Dutch Ministry of Finance to improve the rules for obtaining tax rulings in the Netherlands.

Read more

Our website uses cookies: third party analytics cookies to best adapt our website to your needs & cookies to enable social media functionalities. For more information on the use of cookies, please check our Privacy and Cookie Policy. Please note that you can change your cookie opt-ins at any time via your browser settings.

Privacy – en cookieverklaring