author_ey
EY

Share This Article

The Netherlands publishes draft legislation on reverse hybrid entities as final part of ATAD II implementation

22 September 2021

|

Tax Alerts, Legislation & Policy, Na...

|

Netherlands

Executive summaryOn 21 September 2021, the Netherlands has published draft legislation to implement specific reverse hybrid entity provisions as mandated by the European Union (EU) Anti-Tax Avoidance Directive II (ATAD II). These provisions counteract hybrid mismatches resulting from reverse hybrid entities, i.e., entities that are considered transparent from a Dutch tax perspective and if at least 50% of the voting rights, capital interests or profit rights in the entity are directly or indirectly held by related participants that are resident in a jurisdiction that qualifies the entity as non-transparent. In such case and as mandated by ATAD II, the so-called...