Netherlands: Tax planning opportunities for international operating companies
On 8 September 2011, the Advocate General of European Court of Justice Kokott delivered her opinion in a case concerning the inmediate Dutch exit taxation on companies that transfer their place of effective management to another EU Member State. It also deals with exit taxation in general. Kokott ruled in the case at hand that such exit taxation without the option to postpone taxes and the option to take into account later losses constitutes a violation of EU law. The verdict of the Court in this case is expected around March 2012.
The conclusion is in favour of the taxpayer. Although the ECJ still has to decide in this case, internationally acting companies should consider the possibility of transferring the place of effective management of their group companies between EU Member States without the burden of immediate exit taxation.
For further information please contact international tax expert Corney Versteden at HLB member firm HLB Van Daal & Partners.
Mr. Corney P.J.M. Versteden
HLB Van Daal & Partners
Prof. Asserweg 8
5144 NC Waalwijk, Netherlands
Phone: + 31 416 34 03 45
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