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Dutch Legislative Proposal Published to Amend Fiscal Unity Regime

08 June 2018

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Proposed Changes

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Netherlands

The Dutch Ministry of Finance has reportedly prepared a draft legislative proposal including amendments to the country's fiscal unity (tax consolidation) regime. The changes are mainly a result of a joint judgment issued by the Court of Justice of the European Union in February 2018 ({News-2018-02-23/A/3-previous coverage}). One of the main points of the judgment concerned the Dutch interest deduction limitation rule that applies in respect of interest on a loan from a related party in connection with a capital contribution in a subsidiary. The Court found that the rule violated the freedom of establishment principle because a deduction would...