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Draft Legislation Restricting Offset of Foreign Losses to be Introduced in Dutch Parliament

13 September 2019

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Proposed Changes

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Netherlands

According to recent reports, draft legislation has been prepared for submission in the Dutch parliament that would restrict the ability of MNEs to offset foreign losses against Dutch profits, including foreign liquidation and cessation losses. The legislation will be tabled by the opposition party but is also supported by the government. The restriction is to be applied from 2021 and targets large MNEs such as Shell, Philips, and AkzoNobel, which are seen as unfairly paying little or no corporate tax in the Netherlands. Further details on the legislation will be published once available.