The EU tax environment is one of constant change in which multinationals with entities within the member states need to continuously find their footing. For Multinationals with a Dutch entity the recent developments around Advance Tax Rulings and Pricing Agreements, plus the introduction of ATAD II into Dutch legislation, means these companies need to take a closer look at their structure to reassess adherence to and compliance with the changing environment.
We invited Jian-Cheng Ku, Partner at DLA Piper, to join us in this webinar series, who together with Andre Nagelmaker, Managing Director TMF Group, will take a close look at the below two topics:
- Advance Tax Ruling (ATR) and Advance Pricing Agreement (APA)
An ATR and APA are particularly interesting mechanisms for multinational corporations to clarify, set-up and confirm a bespoke taxation agreement with the Dutch tax authority. The European commission is cracking down on tax rulings, like the one Starbucks had in the Netherlands, Apple in Ireland, Fiat Finance and Amazon in Luxembourg, and in-country elected officials are stirring up the discussion as well. An ATR and APA still remains an interesting avenue to explore for multinationals, however it does beg the question; how best to navigate tax rulings in the Netherlands in light of increased public and legislative scrutiny.
- ATAD II and onshoring
With the recently published (2nd of July 2019) legislative proposal around ATAD II, the EU directive will become part of Dutch tax legislation (no later than 31 st of December 2019). The legislation aims to neutralise hybrid mismatches with regards to taxation between associated companies, in essence eliminating double tax deduction or deduction without inclusion. The implementation of ATAD II is an important milestone in the European Commission's policy against tax planning. Multinationals with structures in EU member states will need to take a closer look at their structure to determine the impact of ATAD II, to, perhaps, restructure and onshore since the initial set-up is no longer cost-effective.
The webinar will took place on November 14, 2019 at 16:00 CET.
This webinar is the first in a series of two, the second webinar on Multinationals faced with Dutch adaptation of EU disclosure directives’, taking a closer look at the impact of the Mandatory Disclosure Rules (DAC6) and the UBO register.
The second webinar will took place on November 21, 2019 at 16:00 CET.
Should you have any question on any of the two webinars or when you are unable to join the webinars but would like to have a discussion on the topics with either the DLA Piper or TMF Group experts please reach out directly to Jian-Cheng Ku (DLA Piper) or Erik Reijnierse (TMF Group).
