Maikel Evers

Trending topic: where to file your public CbCR?  "Where exactly should the reports be filed? Is there a central EU repository or do we file with individual national authorities?" This question frequently arose during our last webinar, reflecting a common concern among multinational corporations. The answer varies by jurisdiction. In the EU there is no centralized repository, therefore reports must be filed in accordance with the national laws of each Member State where the multinational group operates. This requires careful attention to ensure compliance across different national regulations. In some countries a publication on the website of the multinational is sufficient, whereas in other cases this website publication needs to be complemented with a filing with the local business register. Strategic Insight: Understanding Local vs. Global Reporting Obligations  A key strategic discussion point from our webinar was highlighted by the interplay between the different global initiatives (Pillar 2, public CbCR, GRI VII). This interplay underscores the complexity of navigating the different reporting requirements that differ from one another and are not applied in every jurisdiction consistently. For multinational corporations, it is important to understand how local obligations fit within the global reporting framework to ensure comprehensive compliance. Also, data plays a big role in meeting the various compliance obligations. We would like to emphasize that data requirements including data sources are not harmonized across the reporting requirements. Hence, we recommend reviewing your data carefully to ensure meeting the various obligations, including EU public CbCR, in a coherent way. We plan to delve deeper into these topics in our upcoming tax news flashes and the transfer pricing seminar in October 2024. Stay tuned for more detailed discussions and practical advice on navigating the landscape of public CbCR.

11

On 24 September 2024 tax practitioners from business and consultancy had an informal meeting in Rotterdam to discuss what is next after the silent collapse of Pillar One. The exercise resulted in an exploration of #developments, culminating in a call for some renewed thinking on company #tax reform by seeking a tax-equilibrium through competition rather than through coordination, since this is how the world seems to be working. One of the participants, Maarten Floris de Wilde, wrote a blog about the meeting for the Kluwer International Tax Blog! #taxlaw #taxreform #pillarone

16

📊 New tax policy update just dropped! Here's what you need to know: 👉 Key tax commitments from Commissioner nominee Wopke Hoekstra for 2024-2029 term 👉 Commissioner hearings: tax points from non-tax nominees 👉 European Parliament adopts new opinion on FASTER 👉 Agreement reached on VAT in the Digital Age (ViDA) proposal ... and much more! 💡 🔗 Don’t miss out! Stay ahead with the latest #tax news. Follow the link: https://lnkd.in/dY6q2zWg. #EuropeanCommission #CommissionHearings #TaxPolicy #FASTER #ViDA Johan Barros

5

🇪🇺EU Gateway Update🇪🇺 Based on an indicative agenda, the Hungarian Council presidency plans to ask EU finance ministers to exchange views and give political guidance for further work on the BEFIT proposal, Transfer Pricing proposal, and the HOTS proposal. Date: 5 November 2024. Another discussion will take place on 10 December 2024, which will include, amongst others, the state of play and guidance for further work for a DAC9 - Exchange of Information Regarding Pillar Two. DAC9 has not been officially proposed yet. To manage your enthusiasm: these are indicative agendas, 'guidance for further work' do not mean 'agreement' by any means and I could not find something about the Unshell Directive proposal. Take a look at our EU Gateway website and PwC's Tax Policy Alerts for more information about the content of the proposals. Links are in the comments.⬇️ PwC Nederland

37

2 commentaren

🇪🇺The #EuropeanCommission has issued a letter of formal notice to the Netherlands for not extending the #Dutch #tax #levy #reduction scheme to foreign investment funds that are comparable to Dutch investment funds (the so-called “#afdrachtvermindering”). 🇳🇱Dutch law allows a reduction in the dividend tax paid by investment funds on dividends received from companies in which they hold shares. This is achieved by offsetting the tax paid by the Dutch company distributing the dividends. 🌎Unlike Dutch investment funds, foreign investment funds cannot offset the dividend tax paid by Dutch companies on dividends they distribute and later redistribute to their own investors. In the Commission’s view, this creates a #disadvantage for #foreign #investment #funds, making it less attractive for them to offer services to Dutch investors & to invest in shares of Dutch resident companies. Three key points: 1️⃣The formal notice is based on the #free #movement of #capital: it therefore also concerns #non-#EU #funds (not only EU funds!). 2️⃣The Netherlands has 2 months to convince the Commission that there is a valid reason not to extend the afdrachtvermindering to comparable foreign funds (including the summer vacation???) 3️⃣This case may look similar to the #Deka case (C‑156/17), though that case involved the old system of the refund of tax withheld on dividends. PwC Nederland #KnowledgeCentre

55

2 commentaren

On 7 November 2024, the District Court of Northern Netherlands ruled that the interest rate on corporate income tax assessments is disproportionate and should align with the interest rate applied for other taxes. This significant judgment may lower the tax burden for affected taxpayers. More info? Check: https://lnkd.in/eAs8guzk Questions? Please contact Ivo Kuipers, Mats Nietzman or Joël van de Sluis. #atlasfiscalisten #svalneratlasgroup #corporateincometax #interestrate

30

𝐊𝐧𝐨𝐰𝐥𝐞𝐝𝐠𝐞 𝐇𝐚𝐬 𝐍𝐨 𝐁𝐨𝐮𝐧𝐝𝐚𝐫𝐢𝐞𝐬 𝐈𝐧𝐝𝐢𝐯𝐢𝐝𝐮𝐚𝐥𝐬 𝐛𝐞𝐜𝐨𝐦𝐢𝐧𝐠 𝐔𝐒 𝐑𝐞𝐬𝐢𝐝𝐞𝐧𝐭𝐬 𝐟𝐨𝐫 𝐏𝐞𝐫𝐬𝐨𝐧𝐚𝐥 𝐑𝐞𝐚𝐬𝐨𝐧𝐬 𝐞𝐧𝐭𝐢𝐭𝐥𝐞𝐝 𝐭𝐨 ‘𝐆𝐨𝐯𝐞𝐫𝐧𝐦𝐞𝐧𝐭 𝐒𝐞𝐫𝐯𝐢𝐜𝐞’ 𝐀𝐫𝐭𝐢𝐜𝐥𝐞 𝐄𝐱𝐞𝐦𝐩𝐭𝐢𝐨𝐧 The allocation of taxing rights in cross-border transactions is complex and has always been a controversial issue. A common question for taxpayers is whether they are entitled to a refund of taxes withheld if the taxing rights do not belong to the state? In this edition of 𝐀𝐫𝐨𝐮𝐧𝐝 𝐓𝐡𝐞 𝐆𝐥𝐨𝐛𝐞, we spotlight a recent ruling by the Dutch Court of Appeal on this issue. The Court held that if the taxing rights are not with the state, any taxes withheld must be refunded. The decision and the analysis can be accessed from the following link: https://lnkd.in/g4yvCchG If you are keen on receiving tax treaty insights, subscribe now to WhatsApp channel https://lnkd.in/gcA_eGGk #NetherlandsCourtofAppeal #Dutch #Article20 #USA #allocationoftaxingrights #taxing rights #RoyalNetherlandsAirForce #petition #judicialrights #taxavoidance #taxevasion #residentstate #sourcestate #DTAA #OECD #Internationaltax #taxplanning #treatyinsights #courts #opinions

1

On 1 October 2024, the Dutch tax authorities published a knowledge group position (Kennisgroepstandpunt) addressing the tax classification of certain foreign entities under the new Dutch entity classification rules, effective from 1 January 2025. This is highly relevant for all foreign vehicles investing in Dutch assets, for example foreign legal entities investing in Dutch real estate directly, such as French SCPIs. Interested in the implications for you? Please see: https://lnkd.in/edEq4pU2 Questions? Please contact Arthur Smeijer or Emilie Meeùs. #atlasfiscalisten #realestate #SCPI #legalentities #svalneratlasgroup #wtsglobal #vastgoed

27

Progress on VAT rules in the digital age (ViDA) https://lnkd.in/eviUU_ks #EuropeanUnion #Netherlands #VAT #Tax #News Subscribe: https://bit.ly/2McweWZ

1

Our regional team of tax experts recently explored the CEE context of the ATAD 3 “Unshell Directive”, a proposal that has been under discussion for almost three years. Its core aim is to tackle the misuse of shell undertakings for tax avoidance or tax evasion purposes by imposing specific requirements of substance. 👉 Learn all about this topic and many more in our most recent CEE and Central Asia Tax & payroll newsletter: https://bit.ly/3CFcycf. #CEE #CentralAsia #tax #payroll #unshell #unshelldirective #ATAD3

9

In August 1920, the Dutch government presented a proposal for a tax treaty to their southern neighbors. This proposal was simple, principle based and similar to other early tax treaties being negotiated by European nations at the time. The initiative for the first comprehensive Double Taxation Agreement (DTA) between the countries stemmed from a Belgian appeal to resolve the issue of double taxation resulting from war profits taxes, mobilization tax, and other extraordinary taxes. More than hundred years later extraordinary taxes are on the rise again. What is different is that a comprehensive treaty network is in place, with treaty provisions that have grown more complex over time. Do they sufficiently address newly emerging tax issues? The Netherlands and Belgium are currently ratifying a revised tax treaty that will be the subject of a bilateral IFA Conference on 6 September 2024. Programme, speakers and registration are available at https://lnkd.in/gqxJPQVt. Join experts from government, practice, business and academia to explore the new convention between Belgium and the Netherlands and other international tax developments in the Low Countries. Registration is now open at a reduced rate for all IFA members! #IFAT #tax #internationaltax #taxtreaties #belastingverdrag #NederlandBelgië International Fiscal Association - Young IFA Network YIN - Young IFA Network (YIN Netherlands) - Women of IFA Network (WIN) - Bernard Peeters - IFA BELGIUM - Rhys Bane - Mahi Anastasiou - Linda Brosens - Wim Panis - Laurence Pinte - Frank Pötgens - Margriet Lukkien - Gijs Fibbe - Caroline Docclo - Rijkele Betten - Tim Wustenberghs

117

[𝐄𝐔𝐓𝐃𝐆 𝐍𝐞𝐰𝐬𝐚𝐥𝐞𝐫𝐭] According to the Court of Justice of the EU (CJEU) in X BV (C-585/22), Article 10a Dutch Corporate Income Tax (CITA), an interest deduction limitation rule, is compatible with EU law. Although this Article introduces a difference in treatment between a domestic and a cross-border situation, such a difference is justified based on the need to combat tax fraud and tax evasion. For more information, read below 👇

20

Why must the Dutch Supreme Court resist the temptation of “fraus legis” to follow the CJEU’s interpretative guidance in X BV? That is the question that Błażej Kuźniacki of PwC Netherlands answers in this article. The introduction gives insight in the case's history, some facts, dispute and preliminary questions, the CJEU's decision and the conclusion to whether or not the Dutch Supreme Court should resist the temptation of “fraus legis” and follow the CJEU’s interpretative guidance in X BV. If not, it may fail to respect EU primary law. #taxlaw #CJEU #Netherlands #decision #frauslegis #EU

19

1 commentaar

𝗧𝗮𝘅 𝗣𝗹𝗮𝗻 𝟮𝟬𝟮𝟱 The Dutch government has presented its 2025 Tax Plan (Belastingplan 2025). Key elements include adjustments of the personal income tax brackets, an income tax reduction for income on shares, an increase of VAT on sport, books, lodging and cultural activities and a decrease of transfer tax on homes. Read the article on our website https://bit.ly/taxplan2025 For more information, please contact Maarten Tervoort ([email protected]) or Giordy Janga ([email protected]) #HBNlawandtax #LegalServices #TaxServices #Tax #DutchCaribbean #TheNetherlands #TheHague #TaxPlan2025 #FiscalChanges

10

𝗣𝗶𝗹𝗹𝗮𝗿 𝗧𝘄𝗼 𝘂𝗽𝗱𝗮𝘁𝗲 𝗼𝗻 𝗕𝗲𝗹𝗴𝗶𝗮𝗻 𝗿𝗲𝗴𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗽𝗿𝗼𝗰𝗲𝘀𝘀: 𝗮𝗰𝘁 𝗻𝗼𝘄 The Belgian tax authorities have issued further details on the recently introduced Pillar Two registration process. At the core is the Pillar Two Notification Form. Completion of this Form requires the collection of a substantial amount of data, a thorough understanding of the group’s (Belgian) Pillar Two position and, last but not least, access to the MyMinfin portal. On top of the administration, a very tight deadline is imposed – 30 days after the start of the First Pillar Two reporting period, extended to 45 days as of the publication date of the form for the current (or soon to start) reporting period. In-scope taxpayers are therefore urged to take immediate action! Read more about this in our recent article: https://okt.to/CbItz5 Have questions or need support? Do not hesitate to contact one of the following experts, Olivier Michiels, Paul Ampe, Jonathan Collard, Jeroen Sevens or your regular BDO contact. #PillarTwo #MyMinfin

15

🚀 Discover the latest on Dutch tax reforms! Our article breaks down proposed changes, from the elimination of tax perks to recalibrating expat policies. Key Points: - Stability Matters: Government seeks predictability amidst reforms. - Balancing Act: Tackling share repurchase taxes without disrupting business. - Talent Attraction: Adjustments to expat policies for a competitive edge. - Banking Dynamics: Impact of amplified bank levies on lending. - Navigating PIT: Understanding complexities in income tax rates. 🔗 Want to dive deeper into the discussion? Read the full article here and join the conversation on shaping the future of Dutch taxation: https://lnkd.in/dBerRfQr #TaxReforms #DutchBusiness #FiscalPolicy

12

The Belgian Pillar 2 transposition law was recently amended, in part to incorporate the most recent additional OECD Commentary. This law also provides that “Pillar 2 groups” will (have to) have a separate CBE registration (‘Crossroads Bank for Enterprises’). This should simplify relations with the tax administration by providing only one point of contact for prepayments, notifications, QDMTT, IIR and UTPR returns, etc. Rik Smet and Koen Morbée explain what this means and what the requirements are in the article below. #TaxLaw #Pillar2

16

Bulgaria – Important Amendments to Pillar 2 Legislation Issue - September 2024 🔈 On 18 Sep 2024, the Ministry of Finance published a draft law proposing important amendments to the Pillar 2 Legislation. The amendments deal with a series of topics, including specifics of QDMTT calculation, the introduction of UTPR safe harbor rules and several other matters. What are some of the proposed amendments that in our view would be most relevant in Bulgaria: https://deloi.tt/3XOXOOI

18