The Netherlands: Decree published approving an adjustment period for certain Advance Tax Rulings that will lose their validity

On November 11, 2015 in the Dutch Staatscourant a Decree from the Dutch State Secretary for Finance containing an approval regarding an adjustment period for Advance Tax Rulings (ATRs) that will expire as a consequence of the entry into force of the Wet implementatie wijzigingen Moeder-dochterrichtlijn 2015 (Law implementing the changes in the Parent Subsidiary Directive 2015) was published.

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Assuming that the Dutch parliament approves the law proposal, the amendments will enter into force on January 1, 2016. The law proposal does not contain any transitional measures. ATRs contain a clause arranging that such ATR will expire in case of a relevant law change.

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For the aforementioned approval to apply, the following conditions have to be met:

  • Interested parties contact the APA/ATR team of the Belastingdienst/Grote ondernemingen (kantoor Rotterdam) in writing before January 1, 2016;
  • When doing so, interested parties clearly state their intention to meet the necessary substance requirements before April 1, 2016;
  • Interested parties also declare that they acknowledge that the ATR will expire as per January 1, 2016 if they do not meet the necessary substance requirements before April 1, 2016;
  • Before May 1, 2016 interested parties have to adequately inform the APA/ATR team of the Belastingdienst/Grote ondernemingen (kantoor Rotterdam) whether the necessary substance requirements have been met.

Read more detail: The Netherlands: Decree published approving an adjustment period for certain Advance Tax Rulings that will lose their validity because of a law change implementing the changes in the Parent Subsidiary Directive

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