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IFA ISSUE: ARTICLES
Welcome (back) to Amsterdam to IFA's 60th Congress!
Marcus Desax, President, International Fiscal Association
pp. 303-305
Subjects and Seminars of the 2006 Congress
Netherlands Corporate Income Tax Reform 2007 – Bill "Working on Profit"
Hans Bakker and Wendela van de Rijt
pp. 308-315
This article describes the current rules and the most important changes proposed in the Bill, including, among others, the introduction of the interest and patent boxes, restructuring the participation exemption, the treatment of interest, and broadening the tax base.
Personal Income Taxation in the Netherlands
Philip Siekman and Nicolien Luijsterburg
pp. 316-325
This article examines the three boxes in the new personal income tax: Box 1, applicable to income from work and home ownership, including e.g. business profits, wages, pensions and social security benefits; Box 2, applicable to income from a substantial interest and capital gains from the disposition of such an interest; and Box 3, applicable to income from capital, such as shares, bank deposits and real property. The article also discusses the tax treatment of non-residents.
The Netherlands Presumptive Income Tax on Portfolio Investment: Background, Aims and Effects
Dr Henk Vording and Prof. Dr Allard O. Lubbers
pp. 327-334
The most innovative element of the Netherlands Income Tax Act of 2001 (ITA 2001) is the special regime for the taxation of income from portfolio investment and savings, usually referred to as "Box 3". This article first discusses the government's reasons for adopting this system of taxation and then offers an outline of the system, with reference to the related features of the ITA 2001. The article also undertakes an analysis of the system and its effects in practice.
The Netherlands Holding Company – Past and Present
Machiel Lambooij and Sacha Peelen
pp. 335-343
The Netherlands holding company has been an important instrument for international tax structuring for many years. It exists by virtue of the participation exemption, a generic instrument in Netherlands domestic tax law for the avoidance of double taxation. After providing a historical overview, this article examines the Netherlands holding company and the participation exemption.
Transfer Pricing in the Netherlands – The "Rules of the Road"
Mark Doets and Harmen van Dam
pp. 344-350
This article first describes the main statutory provisions and summarizes some of the relevant case law. The article then looks at the main transfer pricing decrees of the Ministry of Finance and the mutual agreement and arbitration procedures for resolving transfer pricing disputes. The article also considers customs duties and the value added tax.
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Netherlands: Allocation of Assets to a Permanent Establishment and the OECD Discussion Drafts
Hans Pijl
pp. 351-357
This article focuses on the allocation of profits to permanent establishments and discusses how the term "attributable" as used in Art. 7 of the OECD Model is applied in the Netherlands. Specifically, the article looks at the criteria used by the Netherlands judiciary to attribute assets to a PE and compares the Dutch allocation method with the method advocated by the OECD.
Anti-Abuse Measures and the Application of Tax Treaties in the Netherlands
Prof. Dr Stef van Weeghel and Reinout de Boer
pp. 358-364
After a brief description of the international framework regarding the relationship between domestic anti-abuse measures and tax treaties, the article examines the relevant case law of the Netherlands Supreme Court on the application of fraus legis in treaty situations. The article also discusses the statutory anti-dividend stripping measure in the Netherlands which is also intended to apply in treaty situations.
The "D" Case against the Netherlands and the ECJ's Decision – Is There Still a Future for MFN Treatment?
Prof. Dr Hans van den Hurk and Jasper Korving, LLM
pp. 365-373
This article discusses the "D" case in which the European Court of Justice ruled that the MFN principle was not at issue in D's situation. The article also considers the question whether the ECJ's decision in "D" means that MFN treatment cannot be applied at all. This question is examined from the view of the single European market.
VAT on Internationally Traded Services and Intangibles – A First Step Toward OECD Guidelines
Prof. Dr Han Kogels
pp. 375-376
Value added tax (VAT), also referred to as "goods and services tax" (GST), is implemented worldwide and across the OECD countries in various forms.The OECD has issued a report entitled Application of Consumption Taxes to Internationally Traded Services and Intangibles – Principles, which found that the effects of existing double taxation and non-taxation for both governments and businesses are significant enough to justify the design of common principles. This article looks at the common principles enunciated by the OECD.
OTHER ARTICLE
The US Anti-Inversion Legislation and Regulations
Jefferson VanderWolk
pp. 377-382
In October 2004, Congress enacted the American Jobs Creation Act of 2004, which added Sec. 7874 to the US Internal Revenue Code. Sec. 7874 was the culmination of a two-year effort by Congress to legislate against corporate inversions. This article discusses the statute and the regulations.
CUMULATIVE INDEX
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