1002 results Public Consultation on the Industry Carbon Tax Act: levy and trade in dispensation rights The public consultation on the Industry Carbon Tax Act (Wet CO2-heffing industrie) began on 24 April 2020. The government has already announced the carbon tax in the Climate Agreement. Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code). Introduction of dividend withholding tax in relation to low tax jurisdictions as per 2024 and update Dutch double tax treaty policy This Tax Alert will address two Dutch international tax policy proposals as included in letters that the Dutch State Secretary of Finance recently sent to the Dutch parliament on 29 May 2020. We note that the proposals are still subject to parliamentary d No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l Please share – ACM conditionally clears shared mobility platform merger There may soon be a new competition tool available to tackle structural competition concerns in dynamic tech and platform markets. Until then, competition authorities resort to existing tools to deal with these markets. The Dutch competition authority (A More hurdles to cross: Foreign Direct Investment gaining momentum Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19. National Forum on the Payment System Publishes Guidance about Account Information Services The Dutch National Forum on the Payment System (Maatschappelijk overleg betalingsverkeer - “MOB”) has published guidance on the transparency requirements for account information services providers (“AISPs”), a specific payment service regulated under PSD2 Extension of approval and filing deadlines for financial data of Luxembourg companies Alike other European countries, Luxembourg has adopted, in the context of the Covid-19 state of crisis, temporary measures. extended deadlines for filing and publishing financial data for commercial companies and regulated entities, among others. Accountants advising in real estate transactions: be aware of penalties in mortgage deeds The Court of Appeal of Arnhem-Leeuwarden ruled on 3 March 2020 that an accountant did not properly advise her client with respect to a sale of real estate (ECLI:NL:GHARL:2020:1875). Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...] International Comparative Legal Guide to Restructuring & Insolvency 2020 - Belgium chapter The Belgium Chapter of the International Comparative Legal Guide to Restructuring & Insolvency 2020 is online. Authored by Paul Van der Putten & Pieter Wouters, it covers key topics across 27 jurisdictions. Perpetual securities not considered equity for Dutch corporate income tax purposes In a decision of Friday 15 May 2020, the Dutch Supreme Court confirmed that fixed-to-floating rate perpetual equity securities (“perpetual securities”) should not be considered a “participation loan” (deelnemerschapslening) for Dutch tax purposes. Under D Stibbe contributes to the Financial and Business Crime Global Guide Hans Van Bavel, Elisabeth Matthys and Ann Apers contributed to the Financial and Business Crime Global Guide. E-book 'The current NOW and the expected changes in the new/extended NOW (NOW 2.0)'. On 1 April 2020, the Temporary Emergency Bridging Measure to Preserve Employment ("NOW") was published. Since 6 April 2020, employers can apply for a wage subsidy under the NOW. Implementation of new AML Directive and new list of high-risk countries After discussions in the Dutch Parliament leading to a late implementation of the amendment of the fourth anti-money laundering and anti-terrorism financing directive, the Dutch implementation will most likely be in force before 18 May 2020. In addition, Temporary unemployment due to force majeure: extension of simplified procedures On 7 May, 2020, the ONEM/RVA has modified its instructions: the simplified procedures for temporary unemployment due to force majeure resulting from the Covid-19 crisis can be applied up to and including 30 June, 2020. Spreading fast: Dutch and Belgian COVID-19 State-aid approved Many Member States are taking measures to support the economy during the COVID-19 crisis. The European Commission’s Temporary Framework enables the rapid approval of certain types of State aid. COVID-19: fast-forwarding competition law Competition authorities are temporarily ‘green-lighting’ certain collaboration initiatives to safeguard the supply of essential products in light of the COVID-19 outbreak. Pagination Previous page Page 15 Current page 16 Page 17 Page 18 Next page
Public Consultation on the Industry Carbon Tax Act: levy and trade in dispensation rights The public consultation on the Industry Carbon Tax Act (Wet CO2-heffing industrie) began on 24 April 2020. The government has already announced the carbon tax in the Climate Agreement.
Limitation in case of a deliberately hidden claim Dutch law provides for an extension of the limitation period in relation to claims that were “deliberately hidden” from the creditor (article 3:321 (f) Dutch Civil Code).
Introduction of dividend withholding tax in relation to low tax jurisdictions as per 2024 and update Dutch double tax treaty policy This Tax Alert will address two Dutch international tax policy proposals as included in letters that the Dutch State Secretary of Finance recently sent to the Dutch parliament on 29 May 2020. We note that the proposals are still subject to parliamentary d
No proof of competitive disadvantage? No abusive favouritism Companies claiming abuse of dominance in civil proceedings have their work cut out for them, as demonstrated by a ruling of the Amsterdam Court of Appeal. Real estate association VBO had accused dominant online platform Funda of favouritism. However, in l
Please share – ACM conditionally clears shared mobility platform merger There may soon be a new competition tool available to tackle structural competition concerns in dynamic tech and platform markets. Until then, competition authorities resort to existing tools to deal with these markets. The Dutch competition authority (A
More hurdles to cross: Foreign Direct Investment gaining momentum Cross-border acquisitions and mergers may soon have an extra hurdle to cross before receiving the green light. In the EU, the development of FDI screening mechanisms has gained speed after COVID-19.
National Forum on the Payment System Publishes Guidance about Account Information Services The Dutch National Forum on the Payment System (Maatschappelijk overleg betalingsverkeer - “MOB”) has published guidance on the transparency requirements for account information services providers (“AISPs”), a specific payment service regulated under PSD2
Extension of approval and filing deadlines for financial data of Luxembourg companies Alike other European countries, Luxembourg has adopted, in the context of the Covid-19 state of crisis, temporary measures. extended deadlines for filing and publishing financial data for commercial companies and regulated entities, among others.
Accountants advising in real estate transactions: be aware of penalties in mortgage deeds The Court of Appeal of Arnhem-Leeuwarden ruled on 3 March 2020 that an accountant did not properly advise her client with respect to a sale of real estate (ECLI:NL:GHARL:2020:1875).
Auditor liable for not including a provision for a third party claim? In a recent case, the Court of Appeal of Arnhem-Leeuwarden dismissed a claim of the bankruptcy trustee of Welsec against an audit firm for failing to ensure that the audited company, Welsec, included a provision in its annual accounts for [...]
International Comparative Legal Guide to Restructuring & Insolvency 2020 - Belgium chapter The Belgium Chapter of the International Comparative Legal Guide to Restructuring & Insolvency 2020 is online. Authored by Paul Van der Putten & Pieter Wouters, it covers key topics across 27 jurisdictions.
Perpetual securities not considered equity for Dutch corporate income tax purposes In a decision of Friday 15 May 2020, the Dutch Supreme Court confirmed that fixed-to-floating rate perpetual equity securities (“perpetual securities”) should not be considered a “participation loan” (deelnemerschapslening) for Dutch tax purposes. Under D
Stibbe contributes to the Financial and Business Crime Global Guide Hans Van Bavel, Elisabeth Matthys and Ann Apers contributed to the Financial and Business Crime Global Guide.
E-book 'The current NOW and the expected changes in the new/extended NOW (NOW 2.0)'. On 1 April 2020, the Temporary Emergency Bridging Measure to Preserve Employment ("NOW") was published. Since 6 April 2020, employers can apply for a wage subsidy under the NOW.
Implementation of new AML Directive and new list of high-risk countries After discussions in the Dutch Parliament leading to a late implementation of the amendment of the fourth anti-money laundering and anti-terrorism financing directive, the Dutch implementation will most likely be in force before 18 May 2020. In addition,
Temporary unemployment due to force majeure: extension of simplified procedures On 7 May, 2020, the ONEM/RVA has modified its instructions: the simplified procedures for temporary unemployment due to force majeure resulting from the Covid-19 crisis can be applied up to and including 30 June, 2020.
Spreading fast: Dutch and Belgian COVID-19 State-aid approved Many Member States are taking measures to support the economy during the COVID-19 crisis. The European Commission’s Temporary Framework enables the rapid approval of certain types of State aid.
COVID-19: fast-forwarding competition law Competition authorities are temporarily ‘green-lighting’ certain collaboration initiatives to safeguard the supply of essential products in light of the COVID-19 outbreak.