Orbitax

Netherlands Tax News

Amendments to Bill "Work on Profit" announced

13 August 2006

European Commission requests Belgium, Italy, Luxembourg, Netherlands, Portugal and Spain to terminate discriminatory taxation of outbound dividends

13 August 2006

European Commission refers Italy and Luxembourg to ECJ for not implementing Directive amending EC Parent-Subsidiary Directive

13 August 2006

European Commission decides that Luxembourg's preferential tax regime for 1929 holding companies constitutes incompatible state aid

13 August 2006

Treaty between France and Netherlands – Code of Conduct (MAP)

13 August 2006

European Commission requested Spain to end infringement to the EC Parent-Subsidiary Directive concerning the use of anti-abuse measures

13 August 2006

Protocol between Greece and the Netherlands ratified in Greece

13 August 2006

Exchange of information agreement between Isle of Man and the Netherlands – implementation

13 August 2006

On 24 May 2006, the Council of Ministers approved the Bill, "Work on Profit". The Bill provides for the following rate reductions as from 2007:

14 June 2006

Rate reductions announced

14 May 2006

Netherlands court holds Netherlands-Greece treaty does not require effective taxation for residence

9 April 2006

Netherlands Ministry of Finance announces tax sparing credit provision under treaty with Malaysia no longer applies

16 March 2006

Details of the protocol between the Netherlands and Greece to the income and capital tax treaty of 16 July 1981, signed on 18 January 2006, have become available.

16 March 2006

UKCourt of Appeal decides on residence status of foreign company re inter alia Netherlands-UK treaty

16 March 2006

On 18 January 2006 the Netherlands and Greece signed a protocol to their tax treaty on income and capital of 16 July 1981. Further details are not yet available.

19 February 2006

Netherlands clarifies application of (i) tax treaty with Switzerland; (ii) savings agreement between EU and Switzerland

1 January 2006

It has been reported that on 1 December 2005, the State Secretary of Finance of the Netherlands and the Minister of Finance of the Netherlands Antilles signed an agreement to amend the dividend withholding tax rates under the Tax Regulation for the Kingdom (TRK).

1 January 2006

Decision on deductibility of interest paid by Indian branch to Netherlands head office

1 January 2006

On 13 December 2005, the Upper House of the Netherlands parliament approved the Tax Proposals for 2006. The amendments under the Tax Proposals for 2006 apply as from 1 January 2006.

1 January 2006

More details have become available with respect to the new Netherlands-South Africa tax treaty and protocol on income and capital of 10 October 2005.

6 December 2005

The Netherlands Ministry of Foreign Affairs has stated in a press release that the Netherlands and South Africa signed a new income and capital tax treaty on 10 October 2005. Once in force, the new treaty will replace the current Netherlands-South Africa income tax treaty of 15 March 1971. The intention of the new treaty is to bring matters into line with the fiscal developments in both states. The text of the new treaty is not yet available, but the press release indicates the details summarized below regarding the new treaty.

9 November 2005

Further tax agreement between Isle of Man and the Netherlands signed and commitment to a comprehensive tax treaty made

9 November 2005

German Federal Tax Court reverses its case law denying refund of dividend withholding tax to interposed Netherlands holding companies

9 November 2005

Netherlands dividend withholding tax on distributions to Luxembourg minority shareholder incompatible with EU law

9 November 2005

The South African Ministry of Finance announced that a new tax treaty between South Africa and the Netherlands will be signed on 10 October 2005. Once signed and in force, the new treaty will generally replace the South-Africa income tax treaty signed on 15 March 1971. Further details of the treaty will be reported subsequently.

16 October 2005

Exemption method to avoid double taxation of employment income determination of denominator in apportionment formula

16 October 2005

The Protocol of 7 April 2004 to the France-Netherlands tax treaty, signed on 16 March 1973, entered into force on 24 July 2005. France notified the entry into force of the treaty by way of Decree 2005-1077 of 23 August 2005, published in Official Journal No. 203 of 1 September 2005. The treaty will generally apply retroactively to tax years or periods starting on or after 1 April 2004. The Protocol provides that the Netherlands maintains taxing rights with respect to KLM (Royal Dutch Airlines) after merger with Air France

16 October 2005

The general corporate income tax rate will be reduced to 29.6% in 2006 and 29.1% in 2007 (2005: 31.5%). In addition, the tax rate on profits up to EUR 22,689 will be reduced to 25.5% in 2006 and 24.5% in 2007 (2005: 27%).

16 October 2005

The Indonesian Director General of Taxation on 1 June 2005 issued Circular Letter SE-17/PJ.2005 establishing under the 2002 Indonesia-Netherlands tax treaty on income a withholding tax of 10% on interest paid to Netherlands residents.

3 August 2005

The Netherlands State Secretary for Finance published Decree IFZ2005/546M on 6 July 2006 concerning the application of the 1992 income tax treaty between The Netherlands-United States to hybrid entities.

3 August 2005

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