595 results Tax Alert: Public consultation additional source taxation on dividends to low tax jurisdictions On 25 September 2020, the under minister of Finance released a draft legislative proposal open for public consultation until 23 October 2020. The draft legislative proposal includes a source taxation on profit distributions by Dutch companies to sharehold The Netherlands' Budget Day 2020: the impact of the Dutch 2021 Tax Package on international businesses In this Tax Alert we will summarize three recent tax developments that are relevant for international business with presence in the Netherlands. Home, but not alone: Commission may complete dawn raids from home The European Court of Justice (ECJ) has rejected Nexans’ appeal in the power cables cartel case. The Commission started the dawn raid at Nexans’ premises, but due to lack of time finished the raid at the Commission’s premises in Brussels. The ACM’s Green Deal: achieving sustainability via competition law? The ACM has issued draft guidelines on the application of competition law to sustainability agreements. COVID-19 impacts level and payment of antitrust fines As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments. No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l Please share – ACM conditionally clears shared mobility platform merger There may soon be a new competition tool available to tackle structural competition concerns in dynamic tech and platform markets. Until then, competition authorities resort to existing tools to deal with these markets. The Dutch competition authority (A More hurdles to cross: Foreign Direct Investment gaining momentum Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19. National Forum on the Payment System Publishes Guidance about Account Information Services The Dutch National Forum on the Payment System (Maatschappelijk overleg betalingsverkeer - “MOB”) has published guidance on the transparency requirements for account information services providers (“AISPs”), a specific payment service regulated under PSD2 Restructuring & Insolvency in the Netherlands - 2020 What duties and potential liabilities should the directors/managers have regard to when managing a company in financial difficulties? Is there a specific point at which a company must enter a restructuring or insolvency process? Accountants advising in real estate transactions: be aware of penalties in mortgage deeds The Court of Appeal of Arnhem-Leeuwarden ruled on 3 March 2020 that an accountant did not properly advise her client with respect to a sale of real estate (ECLI:NL:GHARL:2020:1875). ‘Dutch scheme’ adopted by the Dutch Parliament's House of Representatives On 26 May 2020, the Dutch Parliament’s House of Representatives (Tweede Kamer) adopted the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord (“WHOA”)). The next step will see the WHOA put to vote in the Senate. Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...] Perpetual securities not considered equity for Dutch corporate income tax purposes In a decision of Friday 15 May 2020, the Dutch Supreme Court confirmed that fixed-to-floating rate perpetual equity securities (“perpetual securities”) should not be considered a “participation loan” (deelnemerschapslening) for Dutch tax purposes. Under D E-book 'The current NOW and the expected changes in the new/extended NOW (NOW 2.0)'. On 1 April 2020, the Temporary Emergency Bridging Measure to Preserve Employment ("NOW") was published. Since 6 April 2020, employers can apply for a wage subsidy under the NOW. Implementation of new AML Directive and new list of high-risk countries After discussions in the Dutch Parliament leading to a late implementation of the amendment of the fourth anti-money laundering and anti-terrorism financing directive, the Dutch implementation will most likely be in force before 18 May 2020. In addition, UBO-register starts on 27 September 2020 It was announced on 7 July that the UBO register will go live on 27 September 2020. The Act on the implementation of the UBO register ("Implementation Act") and the corresponding decree of entry into force have each been published today. E-book NOW-2: Second Temporary Emergency Bridging Measure Work Retention On 17 Mar 2020, Dutch cabinet announced the first emergency support package to address corona crisis impact for the purpose of Work Retention and Self-Employed persons. Pagination Previous page Page 2 Current page 3 Page 4 Page 5 Next page
Tax Alert: Public consultation additional source taxation on dividends to low tax jurisdictions On 25 September 2020, the under minister of Finance released a draft legislative proposal open for public consultation until 23 October 2020. The draft legislative proposal includes a source taxation on profit distributions by Dutch companies to sharehold
The Netherlands' Budget Day 2020: the impact of the Dutch 2021 Tax Package on international businesses In this Tax Alert we will summarize three recent tax developments that are relevant for international business with presence in the Netherlands.
Home, but not alone: Commission may complete dawn raids from home The European Court of Justice (ECJ) has rejected Nexans’ appeal in the power cables cartel case. The Commission started the dawn raid at Nexans’ premises, but due to lack of time finished the raid at the Commission’s premises in Brussels.
The ACM’s Green Deal: achieving sustainability via competition law? The ACM has issued draft guidelines on the application of competition law to sustainability agreements.
COVID-19 impacts level and payment of antitrust fines As well as granting companies leeway on certain COVID-19 initiated collaborations (see our May 2020 newsletter), the coronavirus outbreak has also led competition authorities to take a more lenient stance towards fine calculations and payments.
No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l
Please share – ACM conditionally clears shared mobility platform merger There may soon be a new competition tool available to tackle structural competition concerns in dynamic tech and platform markets. Until then, competition authorities resort to existing tools to deal with these markets. The Dutch competition authority (A
More hurdles to cross: Foreign Direct Investment gaining momentum Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19.
National Forum on the Payment System Publishes Guidance about Account Information Services The Dutch National Forum on the Payment System (Maatschappelijk overleg betalingsverkeer - “MOB”) has published guidance on the transparency requirements for account information services providers (“AISPs”), a specific payment service regulated under PSD2
Restructuring & Insolvency in the Netherlands - 2020 What duties and potential liabilities should the directors/managers have regard to when managing a company in financial difficulties? Is there a specific point at which a company must enter a restructuring or insolvency process?
Accountants advising in real estate transactions: be aware of penalties in mortgage deeds The Court of Appeal of Arnhem-Leeuwarden ruled on 3 March 2020 that an accountant did not properly advise her client with respect to a sale of real estate (ECLI:NL:GHARL:2020:1875).
‘Dutch scheme’ adopted by the Dutch Parliament's House of Representatives On 26 May 2020, the Dutch Parliament’s House of Representatives (Tweede Kamer) adopted the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord (“WHOA”)). The next step will see the WHOA put to vote in the Senate.
Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...]
Perpetual securities not considered equity for Dutch corporate income tax purposes In a decision of Friday 15 May 2020, the Dutch Supreme Court confirmed that fixed-to-floating rate perpetual equity securities (“perpetual securities”) should not be considered a “participation loan” (deelnemerschapslening) for Dutch tax purposes. Under D
E-book 'The current NOW and the expected changes in the new/extended NOW (NOW 2.0)'. On 1 April 2020, the Temporary Emergency Bridging Measure to Preserve Employment ("NOW") was published. Since 6 April 2020, employers can apply for a wage subsidy under the NOW.
Implementation of new AML Directive and new list of high-risk countries After discussions in the Dutch Parliament leading to a late implementation of the amendment of the fourth anti-money laundering and anti-terrorism financing directive, the Dutch implementation will most likely be in force before 18 May 2020. In addition,
UBO-register starts on 27 September 2020 It was announced on 7 July that the UBO register will go live on 27 September 2020. The Act on the implementation of the UBO register ("Implementation Act") and the corresponding decree of entry into force have each been published today.
E-book NOW-2: Second Temporary Emergency Bridging Measure Work Retention On 17 Mar 2020, Dutch cabinet announced the first emergency support package to address corona crisis impact for the purpose of Work Retention and Self-Employed persons.