The Netherlands

Austria

Recent corporate tax trends in EU countries: Cristina Enache / Tax Foundation→

April 5, 2022

Denmark

Lessons learned from Spain’s denial of withholding tax exemption on interest payments to EU residents based on GAAR

March 14, 2022

Ramon Bonell, Complutense University of Madrid, discusses the lessons that can be learned from the Spanish Tax Authority’s December 16, 2021 challenge of the domestic withholding tax exemption on interest paid to EU residents based on the application of the General Anti-Abuse Rule (GAAR).

Americas

The applicability of the Spanish GAAR to conduit structures after the CJEU Danish cases

February 23, 2022

Aitor Navarro, Carlos III University, discusses the Spanish tax authorities’ December 16, 2021 publication of a panel report on the applicability of the domestic GAAR to a conduit arrangement aimed at benefiting from an exemption at source on the payment of interest income to EU residents.

Americas

Has the Indian tax administration removed the sheen from the ‘most favoured nation’ clause in its tax treaties?

February 22, 2022

Priyanshi Chokshi, Raghav Bajaj, and Vinita Krishnan, Khaitan & Co., analyze the ramifications of the Indian Central Board of Direct Taxes’ clarification of the applicability of the “most favoured nation” (MFN) clauses in Indian tax treaties through its February 3 circular.

Americas

Netherlands, Colombia sign income tax treaty: Geis / Commentary Box Sports→

February 18, 2022

Czech Republic

Italy’s new clarifications concerning VAT treatment of transfer pricing adjustments

February 1, 2022

Diletta Fuxa, Studio Associato Servizi Professionali Integrati, discusses the Italian tax authority’s December 30 release regarding the VAT treatment of transfer pricing year-end adjustments in its response to . . .

Americas

Poland transfer pricing laws under review to strengthen system against tax evasive behavior

January 14, 2022

Dr. Monika Laskowska, Warsaw School of Economics, discusses the Polish Ministry of Finance’s participation since November in a project coordinated by the European Commission to reform Polish transfer pricing regulations; the project is planned to . . .

Europe

Dutch government plans amendments to CFC tax and transfer pricing rules

January 4, 2022

Robert Jean Kloprogge and Olivier Elsenburg, Simmons & Simmons LLP, discuss the prospect Dutch coalition government’s December 15 publication of its 2021–2025 agreement, including a plan to adopt recommendations regarding the Dutch controlled foreign company (CFC) rules from . . .

Europe

Dutch committee presents report on conduit companies and associated tax policy options

December 1, 2021

Jian-Cheng Ku, Gabriël van Gelder and Rhys Bane, DLA Piper Nederland N.V., discuss a Dutch government committee’s November 22 findings on the presence of conduit companies in the Netherlands and what tax and non-tax measures should be taken against . . .

Americas

Tax dispute resolution via mutual agreement procedure works, mostly, but is still slow

November 23, 2021

Around 75% of mutual agreement procedure (MAP) cases concluded worldwide in 2020 – both for transfer pricing and other tax cases – resulted in full resolution of the issue, according to the OECD’s 2020 MAP statistics released November 22, with only . . .

Europe

Dutch 2022 budget approved by House of Representatives, moves to Senate

November 22, 2021

Jian-Cheng Ku and Rhys Bane, DLA Piper Nederland N.V., discuss the November 11 Dutch House of Representatives’ approval of the government’s 2022 tax plan, including proposals to limit unilateral downward transfer pricing adjustments, implement the last leg of hybrid mismatch rules prescribed by . . .

Europe

Netherlands issues policy decree clarifying hybrid mismatch tax measures

October 25, 2021

Jian-Cheng Ku, Rhys Bane, and Mehdi el Manouzi, DLA Piper Nederland N.V., discuss the Dutch government’s October 11 decree clarifying hybrid mismatch measures of the EU Anti-Tax Avoidance Directive 2 (ATAD 2), based on the first experiences with the . . .

Europe

CJEU to review German transfer pricing obligation: do national tax rules affect EU freedoms?

October 11, 2021

Francesca Amaddeo, Tax Law Competence Centre (SUPSI), discusses Germany’s July 15 request that the European Court of Justice review German transfer pricing documentation requirements and associated sanctions in the case C-431/21, X GmbH & Co. v Finanzamt Bremen, following . . .

Europe

Dutch 2022 budget plan includes tax proposals on transfer pricing, hybrids

September 27, 2021

Jian-Cheng Ku, Gabriël van Gelder, and Rhys Bane, DLA Piper Nederland N.V., discuss the Dutch government’s September 21 tax proposals for 2022, including several direct tax measures that would affect multinational enterprises, such as limiting unilateral downward transfer pricing adjustments and . . .

Africa

India proposes rules to implement farewell to the retro tax

September 16, 2021

Suranjali Tandon, National Institute of Public Finance and Policy, discusses India’s Central Board of Direct Taxes August 28 publication of a consultation document on proposed rules to remove the controversial retroactive application of a law taxing indirect transfers of assets situated in . . .

Americas

ICAP multilateral tax risk assurance program applications due September 30

September 2, 2021

Multinational entities interested in participating in the first full round of the OECD Forum on Tax Administration (FTA) International Compliance Assurance Programme (ICAP) have until September 30 to submit the . . .

Australia

Dutch intercompany financing rulings and the transfer pricing of intercompany loans

September 2, 2021

New York City Economist Dr. J. Harold McClure analyzes a July 16 Dutch Supreme Court decision on intercompany financing and discusses how the terms of the intercompany loan show that the tax authority also could have challenged the intercompany interest rate as . . .

Americas

Amgen transfer pricing dispute – is this Medtronic redux?

August 26, 2021

New York City Economist Dr. J. Harold McClure analyzes the situation surrounding the IRS’s large transfer pricing adjustments for 2010–2015 involving the intercompany pricing between Amgen’s US parent and its Puerto Rican manufacturing affiliate, with issues seeming to mirror those in Medtronic’s . . .

Americas

Brazil’s upcoming tax reform will impact inbound investors

August 10, 2021

Luis Felipe de Campos, Rolim, Viotti, Goulart, Cardoso Advogados, discusses the substitute tax reform bill that Brazil’s Ministry of Economy presented to Congress on June 25, including provisions affecting corporate tax rates, profit distributions, interest . . .

Africa

Countries take diverse transfer pricing approaches to financial transactions, profit attributions

August 4, 2021

Updated transfer pricing country profiles released by the OECD on August 3 include for the first time information on 20 reviewed countries’ transfer pricing rules applicable to . . .

Asia-Pacific

Russia’s new double tax treaty policy: the score is 3 to 1

August 4, 2021

Roustam Vakhitov, Crowe Expertiza, analyzes Russia’s new tax treaty policy following the government’s June 7 notice to the Dutch government of Russia’s intent to terminate the double tax treaty between the two countries after a failure to . . .

Africa

Profit shifting persists as corporate tax rates drop 30% in 20 years, OECD study finds

July 29, 2021

The OECD’s annual “Corporate Tax Statistics,” released July 29, reports that the statutory corporate income tax rate in 111 reviewed jurisdictions declined from an average of 28.3% in 2000 to . . .

Americas

Nike’s transfer pricing state aid dispute: the underlying issues

July 19, 2021

New York City Economist Dr. J. Harold McClure analyzes the issues underlying the transfer pricing dispute involving Nike, following the General Court of the European Union’s July 14 ruling declining to annul the European Commission’s state aid investigation regarding . . .

Europe

EU court rejects Nike’s challenge of transfer pricing state aid investigation

July 14, 2021

The General Court of the EU on July 14 dismissed an action by Nike to annul a decision by the European Commission to investigate whether advance pricing agreements (APAs) concluded by the Netherlands with Nike constituted . . .

Digital Economy

G7 global minimum tax deal leaves open questions

June 30, 2021

Vasiliki Koukoulioti, PhD researcher at Queen Mary University of London, discusses the questions that still surround the details of the global minimum tax agreement that G7 finance ministers reached on June 5 . . .

Europe

Italian tax authorities accuse Booking.com of VAT fraud

June 30, 2021

Daniele Majorana, MICCINESI Tax, discusses the Italian finance police’s June 10 announcement of an investigation into whether online travel agency Booking.com evaded payment of around EUR 153 million (USD 182 million) in value-added tax (VAT) . . .

Europe

Dutch report on international tax and transfer pricing rulings reflects new ruling practice

June 29, 2021

Clive Jie-A-Joen and Monique van Herksen, Simmons & Simmons LLP, analyze the June 15 Dutch Revenue Service’s 2020 annual report on international tax rulings, focusing particularly on the advance pricing agreements that . . .

Austria

How will the European Commission define shell companies to stop tax avoidance?

June 7, 2021

New York City Economist Dr. J. Harold McClure discusses the European Commission’s launch on May 20 of an initiative to address the use of shell companies in international arrangements . . .

Europe

Russian law denounces tax treaty with Netherlands

May 27, 2021

Russian President Vladimir Putin on May 26 signed a law denouncing the treaty for the avoidance of double taxation between Russia and the Netherlands that was signed in Moscow in 1996 . . .

Asia-Pacific

Indian court rules most favored nation clause triggered in tax treaty with Netherlands

May 11, 2021

Ritu Shaktawat and Rahul Jain, Khaitan & Co., discuss the High Court of Delhi’s April 22 ruling in a landmark judgment concerning the interpretation of the India-Netherlands tax treaty’s most favored nation clause . . .

Europe

ECJ to this week hear Luxembourg’s appeal of the General Court’s decision in Fiat which approved the Commission’s use of the arm’s length principle to determine if a tax ruling gives rise to State aid: Seán McCárthaigh / Irish Times→

May 11, 2021

Europe

Netherlands legislative proposal tackles transfer pricing mismatches

March 24, 2021

Jian-Cheng Ku and Tim Mulder, of DLA Piper Netherlands N.V., discuss the Dutch government’s publication on March 4 of its legislative proposal to tackle double non-taxation resulting from transfer pricing mismatches. . .

Asia-Pacific

US multinationals tax payments halved, investment and revenues boosted following 2017 tax overhaul, JCT report finds

March 24, 2021

US MNEs paid substantially lower corporate taxes following the 2017 Tax Cut and Jobs Act, both domestically and globally, a March 19 report from the US congressional Joint Committee on Taxation concludes. . .

Europe

Ireland pays €1 million to the Netherlands for MAP settlement regarding the location of KPN insurance unit’s profits in 2014 and 2015: Mark Paul / The Irish Times→

March 16, 2021

Europe

Dutch job-related investment tax credit: strengthening the Dutch tax incentive toolbox

March 9, 2021

Jian-Cheng Ku, Gabriël van Gelder, & Mehdi el Manouzi, of DLA Piper, discuss the Netherlands’ introduction in January of a new tax incentive scheme — the so-called job-related investment tax credit (baangerelateerde investeringskorting) . . .

Americas

Report estimates effective tax rates on investment in the EU member states, North Macedonia, Turkey, UK, Norway, Switzerland, Canada, Japan, and US: EU Commission→

February 19, 2021

Europe

Netherlands adds new minimum substance requirements to conditional withholding tax anti-abuse rule

February 17, 2021

Roderik Bouwman and Rhys Bane, DLA Piper, Amsterdam, discuss the Netherlands government’s latest regulations clarifying the new conditional withholding tax on interest and royalty payments, which became effective on January 1. . . .

Europe

Dutch informal capital scheme should be investigated for illegal state aid, professor says: Jan Vleggeert / SSRN→

January 5, 2021

Africa

Using US IRS data, authors conclude that Bermuda, Ireland, Netherlands are US MNEs’ most important tax havens: Petr Janský, Javier Garcia-Bernando, Thomas Tørsløv /Springer→

January 5, 2021

Khaled Al Zaabi on Spanish government proposes digital services tax: “We are seeking assistance with Digital Assets and International Tax Consulting to help Abu Dhabi UAE Oil Company navigate the…” October 24 ,2024

Emma Hinson Sims on The Pillar One blueprint — the potential future of international taxation and transfer pricing: “HAPPY BIRTHDAY TO A VERY SMART, BEAUTIFUL, YOUNG LADY ON JANUARY 13TH.” January 6 ,2024

David Valdez on US Tax Court resolves Whirlpool tax dispute involving Mexican maquiladora structure: “Greetings Whirlpool Mexico, I’m trying to contact someone involved with the decision making for transportation from all of your Mexican…” October 20 ,2023

Jose Dominguez on The new US international tax rules: what you need to know about GILTI, FDII, BEAT etc.: “Very informative article. Question. Do you have a software to compute these US International Calcs to make them in house?” April 12 ,2023

Ciro César Soriano de Oliveira on Danish High Court rules on beneficial ownership of dividends for tax purposes: “Dear Ms Susi, This article is immensely clarifying. I’d like to know whether Danish Supreme Court has already granted its…” March 24 ,2023

May 19 – 20	Tax Council Policy Institute Conference	Washington, D.C.
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