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Dutch Proposals For Tax Rulings Reform Before Parliament

by Ulrika Lomas, Tax-News.com, Brussels

01 May 2019


In a letter to the Dutch House of Representatives, the State Secretary for Finance, Menno Snel, has outlined legislative proposals to be debated by the lower house on the issuance of Dutch tax rulings with an international character.

The Dutch Government is aiming to have the law published in the Official Gazette by July 1 so that the new policy can be in place from July 1, 2019.

According to Snel, a new body will be established that would be exclusively responsible with the issuance and oversight of tax rulings.

The proposal includes information on when applications for rulings will be rejected before preliminary consultations. According to Snel, this will be the case where a group lacks economic nexus in the Netherlands and where the primary motivation for seeking a ruling is to minimize Dutch or foreign tax liability, or where the subject of a ruling is a transaction involving a jurisdiction that is included in the Dutch list of low-tax countries. Further instances may be added to the list prior to July 1, Snel said.

The new regime will establish that rulings will be valid for a term of not more than five years.

The framework also compels the Dutch authorities to publish an anonymous summary of every ruling concluded with an international character. The Netherlands also intends to publish a summary of cases where the authorities have decided to reject an application prior to preliminary consultations.

He said the framework is intended to "create a more transparent ruling practice" and to safeguard the integrity of the ruling practice for those companies with economic substance who are seeking tax certainty from the authorities.

TAGS: Finance | tax | Netherlands | transfer pricing | BEPS

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