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Lower Court Haarlem rules that exit tax following transfer of place of effective management to UK compatible with freedom of establishment

14 May 2008

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Approved Changes

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Netherlands

A decision of Lower Court Haarlem of 17 December 2007 (Case No. 06/1645 and 06/1646) was recently published. It concerned the levy of an exit tax as a result of the transfer of the central management and control of a Dutch company to the United Kingdom. Details of the case are set out below. (a) Facts. The taxpayer (X NV) is part of the Y group, which owns electricity and gas networks in the United Kingdom and the United States. Its shares were held by Y Holding BV. X BV and Y Holding BV constituted a fiscal group for tax...