Insights

Do you offer your employees the opportunity to acquire stock options in your company? Pay close attention because as of January 1st, 2023, the stock option regime in the Netherlands has changed. In addition, the Tax Authorities' Knowledge Group for payroll taxes has now taken an important position on the valuation of a participation in a publicly traded company. What should you take into account?

The Court of Justice of the European Union (ECJ) recently decided on the issue of VAT refunds. The ECJ explained under which conditions the buyers of the goods or services can claim undue VAT back directly from the tax authorities. The direct claim may be possible if a seller refuses to correct invoices and pay back VAT charged too much relying on civil law limitations. In addition, a direct claim by a buyer may be possible if national legislation makes it impossible for suppliers to obtain a refund of undue VAT, for example, due to end of statute of limitations periods.

Businesses usually provide goods or services against a payment. However, it sometimes happens that they do things free of charge, for example, to promote their sales or motivate their employees. The Court of Justice of the European Union (ECJ) has lately explained how VAT applies to such free supplies of goods or services. This article looks at the VAT aspects of giving goods away free of charge to promote the activities of a business.

Do your foreign employees benefit from the 30% ruling? Be aware that starting from January 1, 2024, the Dutch Tax Authorities will limit the application of this scheme.

Are there any Mutual Funds present within your organisation’s group structure that qualify as non-transparent? If so, take into account the proposed changes in transparency rules for Mutual Funds as per 1 January 2025. What will change and how do you prepare for it?

The gift deduction for non-profit organisations (ANBIs) in corporate income tax is about to be abolished. At least, if it is up to the outgoing State Secretary of Finance. The abolition should simplify the treatment of donations by BVs to ANBIs. Why this proposed abolition and what are the possible consequences?

What is the VAT deduction when goods are imported into the EU for the purpose of lease? And is the import VAT deductible by the lessee of said goods? The VAT Committee has recently published working papers (number 1061 and number 1064) on this topic. This article offers you the insights and information you need.

On 12 September 2023, the European Commission published the “Business in Europe: Framework for Income Taxation” (BEFIT) proposal. The BEFIT proposal consists of a new corporate income tax system and new transfer pricing rules. With the new corporate income tax system rules, the European Commission tries to align the corporate income tax bases of multinational groups that operate in the EU. When adopted, BEFIT will replace the current corporate income tax systems of EU Member States for certain EU based entities. In this alert, we will guide you trough the most important topics of BEFIT.

The Dutch immigration authorities (IND) have simplified the process of employing expatriates and immigrants residing in the Netherlands after their schooling.

On June 21, 2023, a new tax treaty between the Netherlands and Belgium was signed and published. The new tax treaty will enter into force after parliamentary approval in both countries. As neighbours in Europe, the Netherlands and Belgium have a lot of trade and transactions between both countries. In this Tax Alert we will highlight the most important changes for international companies.

The Court of Justice of the EU (CJEU) has recently further clarified the concept of a fixed establishment (FE) for VAT purposes in its important decision in the case C-333/20 (Cabot Plastics Belgium SA). On 29 June 2023, the CJEU held that a toll manufacturer in Belgium acting under an exclusive contract did not constitute an FE for its affiliated Swiss principal.

Starting in 2024, a new law for a global minimum profit tax for internationally operating companies will apply in the Netherlands: the 2024 Minimum Tax Act (Pillar 2).

On the 17th of May 2023, the European Commission put forward the proposals for the reform of the EU Customs Union (‘EU Customs Reform’) to be implemented step-by-step starting in 2028.

As of January 1, 2023, new rules apply to counter the practice of substantial interest holders from borrowing funds from affiliated companies instead of distributing.

On 8 December 2022, the European Commission published a new proposed directive. In this proposal, crypto-asset service providers will be required to report information of crypto holdings of their users to European tax authorities. On 16 May 2023, political agreement was reached between EU Member States. The expected entry into force of the proposed directive is 1 January 2026.

On May 16th 2023, the Council of the European Union (the Council) convened an Economic and Financial Affairs Council (ECOFIN) meeting, during which the finance ministers of the European Union (EU) reached a significant milestone. They achieved a political consensus (general approach) on a compromise text for the Directive on administrative cooperation, which implements the rules of the Organisation for Economic Co-operation and Development (OECD) regarding reporting for crypto assets. Additionally, amendments to the Common Reporting Standard (CRS) were included in this Directive, referred to as DAC8.