Category

Legal

Proposal For UBO Register Adopted By Parliament

By Legal, Tax

On 20 May 2015, the European Parliament adopted the Fourth Money Laundering Directive. This directive obligates EU member states to adopt a UBO-register of corporate and legal entities. Such register should include at least the name, the month and year of birth, the nationality and the country of residence of the UBO, and additionally, the nature and extend of the beneficial interest held by the UBO. The register should be accessible to the respective tax authorities, obliged entities (for example banks, lawyers and notaries, as they have to perform KYC procedures) and the public if they have a “legitimate interest”.

Amendments To The Parent Subsidiary Directive Adopted

By Legal, Tax

The EU-Council of Economic and Finance Ministers have adopted the amendments to the Parent Subsidiary Directive, challenging hybrid financial instruments which have the characteristics of both debt and equity.

A payment on hybrid financial instruments could be eligible for tax deduction in the state of source, and at the same time, be tax exempt in the state of residence (double non-taxation). The adopted amendments provide for a mandatory limitation of the exemption in the state of residence, to the extent the (interest) payments are deductible in the state of source.

All EU member states are required to implement the amendments in their domestic legislation no later than 31 December 2015.

Dutch Guidance Notes On Intergovernmental Implementation Of FATCA

By Legal, Tax

In January, the Dutch Minister of Finance published guidance notes in relation with the intergovernmental agreement (“IGA”) concluded between the Netherlands and the United States.

The IGA facilitates the intergovernmental implementation of FATCA, aimed to combat tax evasion by U.S. persons holding assets through offshore entities and accounts.

The guidance notes provide for technical clarification of certain aspects of the concluded IGA.

OECD Publishes Various Discussion Drafts

By Legal, Tax

In between 16 and 19 December the OECD published the following public discussion drafts on specific issues under these action plans:

Action 4:              Limitations on interest deductions
Action 8-10:        Transfer pricing for risk re-characterization and special measures
Action 10:            Profit split method for transfer pricing in the context of global value chains
Action 10:            Transfer pricing for commodity transactions
Action 14:            Improving dispute resolutions

EU Court of Justice Ruled Dutch Fiscal Unity Regime In Contravention

By Legal, Tax

On the 12 June 2014, the European Court of Justice ruled that the Dutch fiscal unity regime (treating multiple group companies as one single taxpayer), contravenes to the EU principle of Freedom of Establishment. In essence the infringement was caused as the Dutch fiscal unity regime does not allow:

– A fiscal unity between Dutch sister companies, while being held (in)directly by a EU resident parent company;
– A fiscal unity between a Dutch parent company and a Dutch second-tier subsidiary, while the second-tier subsidiary is held through a EU resident (first-tier) subsidiary.

The European Court of Justice reached this decision while answering prejudicial questions raised by the Amsterdam High Court in three separate cases.