Position paper of a knowledge group of the Dutch tax authorities on the qualification of a reverse convertible loan for Dutch corporate income tax purposes and the deductibility of the surcharge paid for the conversion right
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In this article we discuss position paper KG:011:2022:8 of June 16, 2022. In this position paper the Knowledge Group special profit provisions for Dutch corporate income tax purposes of the Dutch tax authorities answers the question whether in its view a reverse convertible bond loan qualifies as a capital contribution or as the granting of a loan for Dutch corporate income tax purposes. The knowledge group furthermore answers the question whether the surcharge that is paid for the conversion right (in the underlying case a right that can be exercised by the debtor) can is deductible for Dutch corporate income tax purposes.
VAT in the digital age on the agenda of the ECOFIN Council of June 16, 2023
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The next meeting of the Economic and Financial Affairs Ministers of the European Union (ECOFIN) Council will take place on June 16, 2023. Until now 3 tax matters are included on the provisional agenda for the ECOFIN Council of June 16, 2023. Remarkably enough until now the Unshell Directive is not mentioned as one of the matters that are to be discussed on June 16, 2023.
How to qualify foreign partnerships for Dutch tax purposes
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Lately several position papers of the Knowledge Group on tax liability & qualification of legal forms of the Dutch tax authorities have been published regarding the question whether in the underlying cases certain foreign partnerships qualify as transparent partnerships for Dutch tax purposes. If such foreign partnership does not qualify as a transparent partnership for Dutch tax purposes then it automatically qualify as a non-transparent partnership or a non-transparent entity for Dutch tax purposes.
Een paar zeer interessante inkijkjes die ramingstoelichting bij het wetsvoorstel Wet minimumbelasting 2024 (Pijler 2) en de certificering van het CPB bieden
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Op 31 mei 2023 heeft het Nederlandse kabinet het wetsvoorstel Wet minimumbelasting 2024 (implementatie van Pijler 2) aangeboden aan de Tweede Kamer. Samen met het wetsvoorstel is een ramingstoelichting - Toelichting op de raming van het budgettaire effect van het Wetsvoorstel Wet minimumbelasting 2024 (Pijler 2) - toegezonden aan de Tweede Kamer. De raming is gecertificeerd door het Centraal Planbureau (CPB). Deze ramingstoelichting geeft een paar interessante inkijkjes.
Position paper of a knowledge group of the Dutch tax authorities on the comparability of a German Gemeinnützige GmbH / Stiftung GmbH / gGmbH with a Dutch BV
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In this article we discuss position paper KG:211:2023:1. In this position paper the Knowledge Group on tax liability and the qualification of legal forms of the Dutch tax authorities answers the question whether in its view a Gemeinnützige GmbH/ Stiftung GmbH/gGmbH that was incorporated under German law is comparable with a Dutch BV or with a Dutch foundation.
The European Commission has sent an additional letter of formal notice to Greece for not properly applying EU rules on second-hand vehicles purchased in other EU Member States
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On June 1, 2023 the European Commission published the key decisions of the June 2023 infringements package. The key decisions published include an additional letter of formal notice that was sent to Greece for not properly applying EU rules on second-hand vehicles purchased in other EU Member States.
The European Commission has sent a reasoned opinion to Cyprus for its failure to properly apply EU VAT rules for dwellings purchased or constructed in Cyprus
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On June 1, 2023 the European Commission published the key decisions of the June 2023 infringements package. The key decisions published include a reasoned opinion that was sent to Cyprus for its failure to properly apply EU VAT rules for dwellings purchased or constructed in Cyprus.
Het wetsvoorstel Wet minimumbelasting 2024 (implementatie van Pijler 2) is door het kabinet aangeboden aan de Tweede Kamer
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Op 31 mei 2023 heeft het kabinet het wetsvoorstel Wet minimumbelasting 2024 aangeboden aan de Tweede Kamer. Het wetsvoorstel betreft de implementatie van Richtlijn (EU) 2022/2523 van de Raad van 14 december 2022 tot waarborging van een mondiaal minimumniveau van belastingheffing (15%) voor groepen van multinationale ondernemingen en omvangrijke binnenlandse groepen in de Europese Unie Pijler 2). In dit artikel bespreken we een paar zaken die ons in het wetsvoorstel zijn opgevallen.
A Draft bill to implement a minimum taxation for large groups in the Netherlands was introduced in Dutch Parliament
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On May 31, 2023 the Dutch Government sent a draft bill to implement a 15% minimum taxation for large multinational groups and large domestic enterprises to the Dutch parliament. In this article we will mention a few of our initial remarks.
Switzerland and Slovenia have signed a protocol to amendment the double taxation agreement concluded between these 2 countries
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On May 30, 2023 the Swiss Federal Council and the Government of the Republic of Slovenia signed a protocol amending the Convention between the Swiss Federal Council and the Government of the Republic of Slovenia for Avoidance of Double Taxation with respect to Taxes on Income and on Capital, signed at Ljubljana on June 12, 1996, as amended by the Protocol signed at Ljubljana on September 7, 2012 (The Protocol).
Position paper of a knowledge group of the Dutch tax authorities on the question whether assigned parking locations in relation to the rental of means of transport qualify as a PE?
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In this article we discuss position paper KG:040:2022:9 of January 31, 2023. In this position paper the Knowledge Group on international taxation, corporate income tax & the taxation of profits of the Dutch tax authorities answers the question whether in its view parking locations in combination with the rental of means of transport by a foreign company, constitute a permanent establishment in the Netherlands.
Position paper of a knowledge group of the Dutch tax authorities on whether the Interest and Royalties Directive applies in a certain situation
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In this article we discuss position paper KG:040:2022:5 of June 17, 2022. In this position paper the Knowledge Group on international taxation, corporate income tax & the taxation of profits answers the question whether in its view the Interest and Royalties Directive precludes the taxation of interest received by a company that was incorporated under Dutch law and that has relocated to Belgium and which legal form was converted into a BVBA (Belgian legal form) from an indirect subsidiary that is a resident of the Netherlands.
The U.S. House Committee on Ways and Means has launched an attack on Pillar 2, more specifically on the introduction of the UTPR by third countries
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The U.S. Committee on Ways and Means launched an attack on Pillar 2, more specifically on the introduction of the UTPR by third countries. On May 25, 2023 the Ways and Means Committee Chairman Jason Smith, along with every Committee Republican, introduced H.R. 3665, the Defending American Jobs and Investment Act. In a press release issued by the Committee it is stated that the purpose of the bill is to prevent President Biden’s global tax surrender from killing American jobs, surrendering sovereignty over our tax code, and handing a competitive advantage to the Chinese Communist Party. The bill creates a reciprocal tax applicable to any foreign country that imposes unfair taxes on U.S. businesses and workers under the Organization for Economic Co-operation and Development (OECD)’s global tax deal.
The Swiss Federal Council details the implementation of a minimum taxation for large multinational enterprises
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The OECD/G20 minimum taxation for large multinational enterprises is to be implemented in Switzerland with a supplementary tax. On June 18, 2023, the Swiss electorate will vote on the requisite constitutional basis. If this basis is accepted, the Swiss Federal Council can temporarily introduce the supplementary tax by means of an ordinance. At its meeting on May 24, 2023 the Federal Council opened the second consultation procedure on this ordinance. The consultation period runs until September 14, 2023.
Vietnam deposited its instrument for the ratification of the Multilateral BEPS Convention
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On May 23, 2023 the Socialist Republic of Viet Nam has deposited its instrument of ratification for the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (The BEPS Convention). The BEPS Convention will enter into force on September 1, 2023 for Vietnam.
Position paper of the Dutch tax authorities’ knowledge group on production costs that have been amortized at once and the second limit for the credit method to avoid double taxation
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In this article we discuss position paper KG:040:2022:4 of June 17, 2022. In this position paper the Knowledge Group on international taxation, corporate income tax & the taxation of profits answers the question whether based on the matching principle for the calculation of the second limit, production costs of intangible assets, which pursuant to Article 8, Paragraph 1 of the Dutch Corporate Income Tax (DCIT) Act in conjunction with Article 3.30, Paragraph 3 of the Dutch Individual Income Tax (DIIT) Act, have been fully amortized in the calendar year of production, must be allocated to years other than the calendar year of production.
Position paper of a knowledge group of the Dutch tax authorities regarding non-deductible interest expenses and the second limit for the credit method to avoid double taxation
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In this article we discuss position paper KG:040:2022:1 of April 21, 2022. In this position paper the Knowledge Group on international taxation, corporate income tax & the taxation of profits answers the question whether non-deductible interest expenses should also be deducted from the foreign income that qualifies for the second limit for the credit to be granted with respect to withholding taxes that have been withheld by a foreign jurisdiction.
Position paper of the Dutch tax authorities’ knowledge group on withholding taxes regarding a share buy-back against an uncertain future remuneration
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In this article we discuss position paper KG:024:2023:9. In this position paper the Knowledge Group on dividend withholding tax and other withholding taxes answers the question at which moment and over which amount Dutch dividend withholding tax is due if the share buy-back takes place against cash and a right to future payments of which the size is still uncertain.
Bill implementing the OECD Global Anti-Base Erosion rules has been introduced into New Zealand’s Parliament
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On May 18, 2023 the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Bill, which amongst others will implement the OECD Global Anti-Base Erosion (GloBE) rules in New Zealand, was introduced into New Zealand’s Parliament. New Zealand intends to implement the Income Inclusion Rule (IIR), a Domestic Income Inclusion Rule (DIIR) and an Undertaxed Profits Rule (UTPR). In order to implement the GloBE rules the Bill contains the several amendments to the New Zealand Income Tax Act 2007.
