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Global | Publication | October 2017
The Dutch Government published its proposal of law for changes to the treatment of dividends paid by Dutch entities to their non-Dutch owners (the Proposal).
The Proposal aims to eliminate the difference between Dutch cooperatives and Dutch private companies (BVs) and public companies (NVs) and extends the exemption for dividend withholding tax to owners in tax treaty countries. The Proposal is generally in line with the Government’s internet consultation issued on 16 May 2017. This note discusses the main aspects of the Proposal, which should become effective as from 1 January 2018.
The Proposal contains three main changes to the current Dutch dividend withholding tax regime:
The Proposal is largely in line with earlier publications, save for certain specific new insights (e.g. hybrids). It has both a negative effect, including a 15% dividend tax on distributions made by (passive) holding cooperatives to members in a non-treaty country, as well as positive effects, i.e. an exemption from dividend tax in non-abusive business structures in treaty situations for cooperatives, BVs and NVs alike.
We recommend reviewing existing structures that make use of cooperatives for the holding of participations in light of this Proposal. This Proposal may also allow you to simplify your corporate structures or otherwise limit a Dutch dividend withholding tax exposure. We are obviously more than happy to assist you in reviewing your structures to ensure their future effectiveness.
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