Stibbe advises Familiebedrijven Nederland
Recently, Stibbe advised Familiebedrijven Nederland on the admissibility of the Van Dijk/Erkens amendment under state aid law.
Family businesses play an important role in the Dutch economy. Stibbe supports these companies by providing specialist advice on administrative law, state aid law and tax regulations. Recently, Stibbe advised Familiebedrijven Nederland on the admissibility of the Van Dijk/Erkens amendment under state aid law.
This amendment aims to improve the substantial interest transfer scheme (DSR ab) and the business succession scheme (BOR). The amendment rectified a flaw in the current BOR/DSR, enabling all family businesses to benefit from the schemes. Among other things, the amendment enables natural persons with an indirect small interest (less than 0.5%) to benefit from these tax schemes when transferring to direct descendants. This facilitates the transfer of long-standing family businesses to the next generation, thereby promoting the continuity of all Dutch family businesses.
No state aid
However, finance officials raised the question of whether the Amendment could constitute unlawful state aid to family businesses. In a memorandum prepared by Stibbe, our team demonstrates why this is not the case. You can access this memorandum via this link (in Dutch).
