The Dutch State Secretary of Finance published the "Tax Agenda", in April 2011, which forms a blueprint for changes to the tax system that will be implemented in the third quarter of this year. The publication proposes to restrict the amount of interest ...
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The Dutch State Secretary of Finance published the "Tax Agenda", in April 2011, which forms a blueprint for changes to the tax system that will be implemented in the third quarter of this year. The publication proposes to restrict the amount of interest that can be deducted, the so-called Bosal deductions when a Dutch company is acquired.
The law, which was introduced in 2004, has been the subject of much debate. Dutch takeover holding companies are often used when acquiring Dutch companies. By loading the takeover company with debt and then merging it with the target company, interest deductions can be used to erode the taxable base of the target company significantly.
The new proposal restricts deductions based on the profits of the takeover company. The limitation will only matter if the interest accrued is more than €500,0000 ($721,000). Despite these changes most advisers remain optimistic about the future of private-equity transactions. "I do not expect a major reduction in the deals but the deals will become more sophisticated" said one.
The new proposals also outline a reduction in the corporate tax rate from 25% to 24% for all companies that earn more than €200,000 a year. Advisers are sceptical about the merits of the proposal. "Their argument is it's going to attract foreign business, but 25 or 24 nobody really cares".
This forms part of the government's attempts, mirroring other nations, to shift the burden of taxation towards indirect tax. The agenda proposes either increasing the reduced VAT rate to 8%, or abolition of the rate with all goods and services taxed at 19%. And the proposals do not allow losses of permanent establishments to be offset against the profits of Dutch head offices except in certain circumstances.
A number of tax advisers have also noted a shift in the approach of the authorities away from traditional vertical monitoring towards more horizontal monitoring, where the authorities work alongside companies, advising on ongoing tax issues. Practitioners have commented that assisting clients during the programme has become a niche area within the market.
The government also put forward amendments to the real estate transfer tax. The new changes will seek to clamp down on avoidance through transfer of the shares of companies owning real estate as opposed to the underlying asset by lowering the definition for real estate companies to those that own 50% or more of real estate and whose assets contain 30% Dutch real estate assets or more.
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