Cees-Frans Greeven
Managing Partner | Lawyer
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On 22 November 2018 the Dutch State Secretary of Finance informed Parliament in a white paper on his plans to change the existing tax ruling practice as from 1 July 2019. This white paper should be seen as a next step of the Dutch government to enforce the Dutch investment climate in a post BEPS international landscape as well as to discourage letterbox companies to make use of the Netherlands. More guidance on the plans shall be provided in legislative documents which will be published in the course of 2019.
The tax rulings in scope relate to so-called ‘international tax rulings’ within the meaning of the European Directive 2015/2376 as regards mandatory exchange of information in the field of taxation.
According to the Dutch government the existing tax ruling practice requires changes with respect to transparency, the internal administrative process for issuing tax rulings and the contents of such tax rulings.
Content
Transparency
In order to improve transparency the following is proposed:
Process
Centralized approach: any tax ruling will require sign off by a newly established administrative unit: the International Fiscal Security Council (College Internationale Fiscale Zekerheid). Requests for tax rulings can continue to be submitted to the local tax inspector and, only in cases mentioned in the relevant APA/ATR decrees, to the APA/ATR team.
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