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Netherlands issues updated ATAD 2 Decree that will benefit certain cost-plus situations for US corporations with disregarded Dutch taxpayers

03 November 2022

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Tax Alerts, Legislation & Policy, Na...

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United States, Netherlands, European Union

On 3 November 2022, the Dutch State Secretary for Finance published an update of the Decree regarding the application of the Dutch anti-hybrid mismatch legislation as mandated by the European Union’s (EU) Anti-Tax Avoidance Directive 2 (ATAD 2).The new Decree maintains the guidance included in the (prior) Decree published on 11 October 2021 and includes new beneficial guidance for certain cost-plus situations involving United States (US) corporations with disregarded Dutch taxpayers.Executive summaryThe Dutch anti-hybrid rules as mandated by the EU’s ATAD 2 apply for tax book years starting on or after 1 January 2020.1 The legislation contains provisions to counter hybrid...