As from 2025, as a main rule, Dutch (commanditaire vennootschap; 𝗖𝗩𝘀) and foreign limited partnerships will be classified as transparent for Dutch tax purposes, except when a limited partnership should be considered a fund for joint account (fonds voor gemene rekening; 𝗙𝗚𝗥). In case of the latter, both a tax transparent and a non-transparent classification remain to apply as from 2025. Due to the prevailing classification of the FGR, under circumstances, tax transparent limited partnerships that are ’investment funds’ (𝗙𝘂𝗻𝗱 𝗟𝗣𝘀) may transition into a non-transparent FGR as of 2025, however only when also possessing the other key characteristics of an FGR. Want to know more? Please see our website post: https://lawand.tax/3Yo3C25 For more information, please contact Michiel Beudeker, Robert Veenhoven, Marco de Lignie, Ton Stevens, Wouter van der Leij, Erik Kastrop or Thomas Moolhuijsen. #tax #privateequity #investments #jointaccount #lawandtax
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On 9 November 2024, the Dutch State Secretary of Finance has published a decree containing the legal framework for the comparison of foreign entities with Dutch legal forms, applying as per 1 January 2025 (Tax Classification Decree). In addition, on 6 December 2024, the Dutch State Secretary of Finance has published a decree addressing the amended definition of the fund for joint account (fonds voor gemene rekening; FGR) and the new definition of the ‘transparent fund’ for Dutch tax purposes as per 1 January 2025 (Fund Decree). Among others, the Fund Decree further elaborates under which circumstances a Dutch limited partnership (commanditaire vennootschap; CV) or a foreign limited partnership may be (re)classified as a non-transparent FGR as of next year. Want to know more? Read more here: https://lawand.tax/4g9qrOE #TaxReform #FundDecree #FGR #lawandtax
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Based on the tax plans of the soon to be formed new Dutch government the plans to be released on Budget Day 2024 will contain several measures reversing some of the "last-minute" adopted measures in 2024 Tax Plans. Apart from reversing the agreed abolishment of the tax-free share repurchase facility, the personal income tax rates in box 2 and box 3 that were increased as of 2024 will be reduced as of 2025. In addition, based on the agreement reached, the interest deductible under the so-called earningsstripping measure will be increased from 20% of fiscal EBITDA (2024) to 25% of fiscal EBITDA (2025). #coalition #repurchase #earningsstripping #tax
On 16 May 2024, the soon to be formed new Dutch government announced to prioritize the improvement of the Dutch business climate. From a tax perspective this will be achieved by: ▶ reversing the abolition of the share repurchase facility for stocklisted enterprises and; ▶ the softening of the general interest deduction limitation for corporates, the so-called earnings stripping measure, from 20% of fiscal EBITDA (2024) to 25% EBITDA (2025). The related legislative proposals are expected on Budget Day in September at the earliest. Do you want to know more about the Dutch tax business, the tax climate and how the new measures will affect your business? Get in touch with Margriet Lukkien or Imme Kam. #EBITDA #tax #business #dutch #government #lawandtax
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On 16 May 2024, the soon to be formed new Dutch government announced to prioritize the improvement of the Dutch business climate. From a tax perspective this will be achieved by: ▶ reversing the abolition of the share repurchase facility for stocklisted enterprises and; ▶ the softening of the general interest deduction limitation for corporates, the so-called earnings stripping measure, from 20% of fiscal EBITDA (2024) to 25% EBITDA (2025). The related legislative proposals are expected on Budget Day in September at the earliest. Do you want to know more about the Dutch tax business, the tax climate and how the new measures will affect your business? Get in touch with Margriet Lukkien or Imme Kam. #EBITDA #tax #business #dutch #government #lawandtax
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The incoming Dutch government has promised to prioritize the business and investment climate and have the Netherlands in the top 5. Whilst keeping a close eye to many other important social and environmental topics. You can be critical on other aspects of the agreement and it reads like a bit of a balancing act to keep 4 parties happy, but what resonates are the (renewed) good intentions towards the business and investment community. That is, afterall, where the jobs are created and money is earned to make the necessary investments and to fund the Dutch government budget. #lawandtax #investmentclimate #business #newdutchgovernment
On 16 May 2024, the soon to be formed new Dutch government announced to prioritize the improvement of the Dutch business climate. From a tax perspective this will be achieved by: ▶ reversing the abolition of the share repurchase facility for stocklisted enterprises and; ▶ the softening of the general interest deduction limitation for corporates, the so-called earnings stripping measure, from 20% of fiscal EBITDA (2024) to 25% EBITDA (2025). The related legislative proposals are expected on Budget Day in September at the earliest. Do you want to know more about the Dutch tax business, the tax climate and how the new measures will affect your business? Get in touch with Margriet Lukkien or Imme Kam. #EBITDA #tax #business #dutch #government #lawandtax
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In this piece, you will find info on the latest updates in the Netherlands. Some interesting updates are included which are worth noting. #internationaltax #withholdingtax
In December 2023, the Netherlands approved significant tax changes aiming to streamline investment structures and combat dividend stripping. If you’re a Dutch investment manager or a foreign investment manager with interests in the Netherlands, your fund’s withholding tax recovery may be affected by these changes. This article equips you with the knowledge and resources needed to navigate these changes confidently. For more information, click the link below. #WithholdingTax #Investments #Netherlands #TaxNews
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📢 𝘍𝘪𝘯𝘢𝘯𝘤𝘪𝘢𝘭 𝘚𝘦𝘳𝘷𝘪𝘤𝘦𝘴 𝘛𝘢𝘹 𝘈𝘭𝘦𝘳𝘵: 𝘌𝘜 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯 𝘪𝘯𝘪𝘵𝘪𝘢𝘵𝘦𝘴 𝘪𝘯𝘧𝘳𝘪𝘯𝘨𝘦𝘮𝘦𝘯𝘵 𝘱𝘳𝘰𝘤𝘦𝘥𝘶𝘳𝘦 𝘢𝘨𝘢𝘪𝘯𝘴𝘵 𝘵𝘩𝘦 𝘕𝘦𝘵𝘩𝘦𝘳𝘭𝘢𝘯𝘥𝘴 On July 25, 2024, the European Commission launched an infringement procedure against the Netherlands, challenging its discriminatory tax laws that favor domestic over foreign investment funds. This could lead to significant changes in Dutch taxation practices, particularly affecting withholding tax (WHT) for foreign multi-investor investment funds. 𝐊𝐞𝐲 𝐇𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭𝐬: ◼️ 𝘋𝘶𝘵𝘤𝘩 𝘞𝘏𝘛 𝘙𝘦𝘤𝘭𝘢𝘪𝘮𝘴: The infringement procedure may compel the Netherlands to revise its withholding tax regime, which currently excludes foreign investment funds from WHT reductions granted to domestic funds (INFR 2024/4017). ◼️ 𝘖𝘱𝘱𝘰𝘳𝘵𝘶𝘯𝘪𝘵𝘪𝘦𝘴 𝘧𝘰𝘳 𝘍𝘰𝘳𝘦𝘪𝘨𝘯 𝘍𝘶𝘯𝘥𝘴: Foreign funds may now have an increased chance of reclaiming WHT suffered in the Netherlands. WTS recommends timely fund-level applications for multi-investor funds and re-evaluating WHT threshold amounts. WHT refund applications for 2021 must be filed by the end of 2024 to avoid time-bar restrictions. 🔗 𝐑𝐞𝐚𝐝 𝐦𝐨𝐫𝐞: https://lnkd.in/dWVUyMd9 🔍 For more information, feel free to contact our colleagues at WTS Deutschland, Steffen Gnutzmann, and Jonas Carstensen. WTS Global Locally rooted - Globally connected #wts #wtsglobal #tax #taxation #taxnews #taxinsights #corporatetax #financialservices #WHTReclaims #FundTaxation #EUCommission #netherlands
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In December 2023, the Netherlands approved significant tax changes aiming to streamline investment structures and combat dividend stripping. If you’re a Dutch investment manager or a foreign investment manager with interests in the Netherlands, your fund’s withholding tax recovery may be affected by these changes. This article equips you with the knowledge and resources needed to navigate these changes confidently. For more information, click the link below. #WithholdingTax #Investments #Netherlands #TaxNews
Changes in Dutch Tax Laws: Withholding Tax Implications Investment Managers Should Know
https://wtax.co
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[ Offshore tax ] The French Exit Tax What You Need to Know. After spending 6 years or more in France, investors could be subject to exit taxation if they transfer their residence outside of France. In such cases, they would be taxed on unrealized capital gains if they hold more than 50% in a company or if the total value of their stock exceeds €800,000. The payment of the tax, which is 30%, may be deferred depending on the state to which the residence is transferred. Relief from exit taxation may be available to taxpayers if they retain their stocks or shares for 5 years following the transfer of residence, or if they move back to France. The holding period is even reduced to 2 years if the shares subject to exit tax are valued at less than €2.57 million #ExitTaxation #InvestmentTax #CapitalGains #TaxationRules #TaxLaw #FrenchTax #ResidencyTransfer #TaxDeferral #FinancialPlanning #TaxRelief #InvestmentStrategy #Taxation2024 #WealthManagement #AssetTransfer #TaxLiability #StocksAndShares #TaxCompliance #InvestmentInsights #InternationalTax #TaxPolicy
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[ Offshore tax ] The French Exit Tax What You Need to Know. With Hervé Israel and Derren Joseph EA #ExitTaxation #InvestmentTax #CapitalGains #TaxationRules #TaxLaw #FrenchTax #ResidencyTransfer #TaxDeferral #FinancialPlanning #TaxRelief #InvestmentStrategy #Taxation2024 #WealthManagement #AssetTransfer #TaxLiability #StocksAndShares #TaxCompliance #InvestmentInsights #InternationalTax #TaxPolicy
Public Relations Consultant at HTJ Tax ("Advanced American Tax") - a member of Moores Rowland Asia Pacific
[ Offshore tax ] The French Exit Tax What You Need to Know. After spending 6 years or more in France, investors could be subject to exit taxation if they transfer their residence outside of France. In such cases, they would be taxed on unrealized capital gains if they hold more than 50% in a company or if the total value of their stock exceeds €800,000. The payment of the tax, which is 30%, may be deferred depending on the state to which the residence is transferred. Relief from exit taxation may be available to taxpayers if they retain their stocks or shares for 5 years following the transfer of residence, or if they move back to France. The holding period is even reduced to 2 years if the shares subject to exit tax are valued at less than €2.57 million #ExitTaxation #InvestmentTax #CapitalGains #TaxationRules #TaxLaw #FrenchTax #ResidencyTransfer #TaxDeferral #FinancialPlanning #TaxRelief #InvestmentStrategy #Taxation2024 #WealthManagement #AssetTransfer #TaxLiability #StocksAndShares #TaxCompliance #InvestmentInsights #InternationalTax #TaxPolicy
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NETHERLAND ALERT on dividends - ECJ decision C-782/22: unjustified restriction of 63 TFEU The different treatment in the Netherlands of resident and non-resident companies constitutes an unjustified restriction of the EU free movement of capital. ... " Article 63(1) TFEU must be interpreted as precluding national legislation under which dividends distributed by a resident company to a non-resident company, which has invested in the shares of the first company in order to cover future payment commitments, are subject to a dividend tax of 15% on their gross amount, whereas dividends distributed to a resident company are subject to withholding tax which may be offset in full against the corporation tax payable by the second company and give rise to a refund, leading to the tax burden on those dividends being nil due to the taking into account, in the calculation of the second company’s corporation tax base, of the costs arising from the increase in its future payment commitments"
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