We are Stibbe VAT and Other Indirect Taxes specialists

We deal with VAT matters for clients, providing clear, sound and practical advice in what is often a confusing and complex area of law for them.

VAT and Other Indirect Taxes

Our knowledge and expertise focuses on the complex VAT element of many transactions.

Across the Benelux, we handle VAT aspects (including advance tax rulings) for the acquisitions and disposal of business assets, fund structuring, and financing arrangements, such as securitisation and receivable purchase arrangements. We also regularly advise clients on the VAT treatment of cross border supply chains for goods and services, both within the EU and beyond.

Of particular note is our special expertise on the VAT status of government agencies and VAT in telecoms and financial sectors.

Furthermore, we advise clients on the VAT and real estate transfer tax aspects of public/private partnerships as well as classic real estate transactions, together with industrial, construction and redevelopment projects.

In servicing our clients’ needs, we work in close partnership with colleagues from other specialisms within our firm such as administrative and corporate law. 

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08.02.2018 NL law
Closing-down sale: turnover tax incurred as a consequence of goods being sold to consumers by way of summary execution does not qualify as estate debt (boedelschuld)

Short Reads - The Amsterdam District Court requested a preliminary ruling with regard to turnover tax incurred as a consequence of a sale taking place by way of summary execution (Amsterdam District Court 5 July 2017, ECLI:NL:RBAMS:2017:4726, answered by the Supreme Court on 15 December 2017, ECLI:NL:HR:2017:3149)

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22.12.2017 NL law
Dutch Supreme Court rules that denying a fiscal unity between Dutch sister subsidiaries of non-EU joint parent company is not in breach of non-discrimination clause

Short Reads - On 15 December 2017 a ruling of the Dutch Supreme Court was published in which it is essentially ruled that the Dutch fiscal unity regime, by disallowing a fiscal unity between Dutch sister subsidiaries of a joint Israeli parent company, is not in breach of the non-discrimination clause as included in article 27(4) of the Dutch-Israel tax treaty (the "Treaty").

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10.10.2017 EU law
Tax Alert: How Stibbe can assist with VAT actions to be taken before 1 January 2018

Short Reads - The much awaited Value Added Tax (VAT) system will be introduced in the UAE as from 1 January 2018. Although not each and every detail is known yet (also as e.g. in the UAE the Implementing Regulations have not been published yet), it is expected that VAT will be levied in the UAE and Saudi Arabia as from 1 January 2018, while the other GCC members should follow shortly thereafter (in any event before 1 January 2019). For prior coverage please click here for the link to our VAT alert of 10 May 2016.

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04.08.2017 BE law
Belgian VAT: Government announces option to tax the leasing of immovable property to professionals

Short Reads - On 26 July 2017 the Belgian Federal Government announced that it reached a consensus on a major tax reform. One of the less highlighted measures of this reform is the introduction of an option to make the leasing of immovable property between professionals subject to VAT. On 2 August 2017 the Minister of Finance issued a press release confirming and emphasizing the importance of this element of the reform.

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20.09.2017 NL law
Tax alert: Budget Day 2017

Short Reads - On 19 September it was budget day (Prinsjesdag) in the Netherlands on which the Dutch government announced several bills containing tax law proposals. In this Tax Alert we will provide you with a summary of the main proposals relevant for international businesses. Most attention will be given to the proposal regarding changes to the Dutch dividend withholding tax rules for holding cooperatives and BVs/NVs.

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20.07.2017 NL law
Tax Alert: Consultation document on implementation of ATAD released by Dutch government

Short Reads - The Dutch government has released a consultation document ("the Document") containing a draft bill of law and explanatory memorandum on the EU Anti-Tax Avoidance Directive ("ATAD"; see also our Tax Alert of 23 June 2016 and our Tax Alert of 1 March 2017). The Document precedes the release of the formal bill anticipated in the first quarter of 2018, that should enter into forces per 1 January 2019.

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