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.
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.
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