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Dutch Supreme Court: non-resident investment fund eligible for refund of Dutch dividend withholding tax

On 23 October 2020, the Dutch Supreme Court ruled that a non-resident UCITS fund is eligible for a refund of Dutch dividend withholding tax with respect to its investments in the Netherlands if strict criteria are met.

Dutch Tax Aspects of Debt Restructurings

In this issue of Tax Notes International, Ashley Peeters and Michael Molenaars analyse key tax considerations related to restructurings in the Netherlands.

Chambers Tax Controversy 2025

Reinout de Boer, Michael Molenaars, Rogier van der Struijk and Linde Respen contributed to Chambers Tax Controversy 2025 in a chapter about Tax Law and Practice in the Netherlands.

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.

Consultation Document new Dutch Tax group regime released

A public consultation document was published by the State Secretary of Finance on 17 June 2019 which includes four alternative concepts for a tax group regime.

Initial guidance from the Dutch State Secretary of Finance on the "Danish Cases" relating to beneficial ownership

On 26 February 2019 the European Court of Justice ("ECJ") ruled in various cases regarding the interpretation and non-application of the Parent-Subsidiary Directive ("PSD") and Interest and Royalties Directive ("IRD") in the context of tax avoidance and b

Tax Alert - Further guidance on revised Dutch tax ruling practice

On 23 April 2019 the Dutch State Secretary of Finance has published a draft decree (the "Decree") and further guidance on the revised Dutch tax ruling practice for tax rulings with an international character ("international tax rulings"), expected to beco

Dutch chapter to Chambers Global Practice Guides Corporate Tax 2019

Stibbe contributes Dutch chapter to Chambers Global Practice Guides Corporate Tax 2019. This chapter was written by Michael Molenaars, Jeroen Smits, Reinout de Boer and Rogier van der Struijk. Besides providing you with an outline of Dutch corporate incom

Transitional rules announced for certain Dutch tax acts in case of no deal Brexit

On 4 February 2019, the Dutch State Secretary of Finance sent a letter to the Dutch Parliament announcing transitional rules for Dutch taxes (other than customs legislation) if there will not be a Brexit withdrawal agreement (i.e. a no deal Brexit). The l

Stibbe advises Constellium

Stibbe advises Constellium N.V. on its offerings of ordinary shares and notes and on its cash tender offers of notes.

Legislative proposal on changes to the Dutch CIT fiscal unity made public

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 (n

Masterclass 'ketenaansprakelijkheid in de bouw'

Op 11 juni 2019 organiseert Stibbe in Amsterdam de Masterclass 'Ketenaansprakelijkheid in de bouw: de arbeidsrechtelijke, bestuursrechtelijke en fiscaalrechtelijke aandachtspunten'.

Digitaal procederen in belastingzaken: een update

In deze bijdrage bespreken Tirza Cramwinckel en Reinout de Boer de nieuwe ontwikkelingen en rechtspraak rondom digitaal procederen in belastingzaken.

Dutch Supreme Court ruling on Dutch substantial interest rules

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 rul

Dutch tax measures to provide relief for economic impact corona crisis

On 12 March, the Government sent a letter to the lower house of the Dutch parliament setting out a number of measures to mitigate the economic impact of the corona crisis, including a number of tax measures. Below we will provide you with a concise overvi

Stibbe advises Eneco

Stibbe is advising Eneco on the sale of all shares in Eneco to a consortium led by Mitsubishi Corporation for a total equity value of EUR 4.1 billion.

Dutch Supreme Court answers preliminary questions on redemption of interest rate swaps


Recently, the Dutch Supreme Court has answered preliminary questions posed by the District Court of Noord-Nederland regarding the tax treatment of the redemption of interest rate swaps. I

Emergency Act on Conditional Final Dividend Withholding Tax Levy submitted to Dutch parliament

On Friday 10 July 2020, a member of the Dutch opposition party Groenlinks has submitted an initiative legislative proposal for a Conditional Final Dividend Withholding Tax Levy Emergency Act (the 'Proposal') to Dutch parliament. The Proposal provides for

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