VAT and Other Indirect Taxes

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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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.

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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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28.03.2018 BE law
Belgian VAT: Government reactivates option to tax immovable property leasing to professionals

Articles - We reported before [1] on the consensus of the Belgian Federal Government to introduce an option to make the leasing of immovable property between professionals subject to VAT. This initiative was aborted due to budgetary constraints, but the Government has now agreed to reactivate it: this option to tax will be introduced as of 1 October 2018.

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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.

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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.

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