Insolventierecht: tips en tricks voor de praktijk van de bedrijfsjuris

Short Reads - Dutch dividend withholding tax has been a hot topic the last few years. In 2018 there were discussions on whether the Dutch dividend withholding tax should be abolished or not. One of the arguments to abolish related to the potential risk of the Dutch dividend withholding tax being contrary to EU law. The legislative proposal to abolish Dutch dividend withholding tax was withdrawn, however, the discussions on the potential conflict with EU law remained.

Short Reads - As mentioned in our earlier blog, the Dutch legislator has prepared a bill – the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord) – introducing a framework that allows debtors to restructure their debts outside formal insolvency proceedings (the “Dutch Scheme“). We expect this highly-anticipated bill to enter into force by this summer. The Dutch Scheme combines features from the UK Scheme of Arrangement and the US Chapter 11 proceedings. Below, we summarize certain key aspects of the Dutch Scheme.

Short Reads - Het multilateraal instrument (MLI) is een van de belangrijkste fiscale ontwikkelingen van het moment. In een column voor Fondsnieuws bespreekt David de Groot de (potentiële) gevolgen die het MLI voor beleggingsfondsen kan hebben.

Short Reads - On 10 January 2020, the Dutch Supreme Court ruled on an important case whereby a dividend distribution by a Dutch holding company to its Luxembourg corporate shareholder was subject to Dutch corporate income tax based on the Dutch substantial interest rules1. The taxpayer was in this case not successful in relying on either the EU Parent – Subsidiary Directive (the “PSD”) or the argument that such taxation was an infringement of EU law. In this Tax Alert we provide you with a summary of the case and some preliminary observations.