Domestic and international, corporate and financial transactions

... at home and abroad, with tax authorities and with clients: our expertise pivots.

Our team of Tax experts excels in M&A and intra-group reorganisations, capital markets and structured finance transactions, assisting large Dutch and non-Dutch multinational companies and banks with their complex tax matters.

Across the full gambit of Dutch tax law, (including corporate income tax and dividend withholding tax), and all international tax issues, we provide tailored advice for our clients. We frequently negotiate their tax matters with the Dutch Tax Authorities, and with a substantial legal opinion practice, we regularly provide assistance to foreign counsel on the Dutch tax aspects of corporate and financial transactions.

We also advise on the tax aspects of innovative financial instruments, stock option and shares plans, and provides advice on the structuring and analysis of investment funds for retail and institutional investors, as well as the private equity industry.

Recent Matters

17 January 2022

De Brauw advises Nederlandse Loterij on its acquisition of majority stake in Lotify

https://nieuws.nederlandseloterij.nl/nederlandse-loterij-neemt-meerderheidsbelang-in-lotify/
12 January 2022

COFRA acquires Dalsem, a leading developer of high-tech greenhouses

De Brauw advised COFRA on the acquisition of Dalsem, a leading developer of high-tech greenhouses. This is COFRA's second investment in the sustainable food sector and the next step in COFRA's ongoing diversification strategy focused on tackling the biggest social and environmental challenges facing our world.
6 January 2022

De Brauw advises LeasePlan on its combination with ALD

De Brauw is advising LeasePlan on the acquisition by ALD S.A. of 100% of the shares in LeasePlan from a consortium led by TDR Capital for a cash and shares consideration of EUR 4.9 billion. After closing, which is expected by March 2023, the consortium will hold 30.75% of the ALD shares and Société Générale will hold 53% of the ALD shares. The contemplated combination of ALD and LeasePlan is expected to be highly synergetic and create an opportunity to cross-leverage the two companies’ complementary capabilities. As a leading global player in mobility worldwide, the combined business would be able to benefit from a fast-growing market driven by strong underlying megatrends, including the shift from ownership to usership, the data-driven digital transformation of the mobility industry, and the transition towards zero-emission and sustainable mobility. The De Brauw team is led by Corporate M&A partner Pete Lawley and Financial Markets Regulation partner Mariken van Loopik.

Clients cite 'pragmatism, high quality of service, pro-active, a good level of awareness', and 'excellent tax technical know-how'. It 'provides for a comforting cooperation, even on the most complex of matters'.

Legal 500, 2021
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Tax Dispute Resolution

We have a strong track record of developing innovative and holistic strategies for resolving tax disputes, and we are pioneers in international dispute resolution mechanisms. Due to our unique position, we can assist regardless of the authority involved or what type of proceedings this concerns.

Our fully integrated team of market-leading tax and litigation lawyers combine their extensive knowledge of, and proven expertise in, cross-border and domestic tax issues, with their unrivalled capacity to handle (often high-profile) tax disputes.

Our international outlook guarantees a truly coherent strategy to deliver on cross-border matters, such as where MNE or investment management and fund structures are concerned. Our independence and privilege protection assures an unbiased approach.

Insights

28 June 2021

Taxpayers face difficult choices in seeking resolution for international tax disputes

Multinational companies increasingly face situations where two or more countries seek to tax the same profits. Recently enacted and upcoming legislative changes aim to address the perceived undertaxation of multinationals, and to redistribute taxing rights on corporate profits to "market jurisdictions". The origins of these changes include the OECD's BEPS Project, the political agreement among the G7 on radical changes to the taxation of multinationals, and the ambitious business taxation reforms announced by the European Commission. As the new regulations are likely overreaching, complex and untested and tax authorities are taking a more assertive attitude, risks of multiple taxation will inevitably rise.
15 April 2021

OECD commentaries – how they affect interpretation of double tax treaties after adoption

(This article was written in collaboration with our Best Friends colleagues Yves Rutschmann and Victor Camatta at Bredin Prat, France). OECD commentaries provide tax authorities, taxpayers and judges with key insights on how double tax treaties should be applied. But if recommendations change after a treaty has been adopted, their impact is less clear-cut and OECD member countries take different positions on this.
16 December 2020

Dutch Supreme Court goes back to roots of participation exemption

For the first time in nearly 18 years, the Supreme Court has had the opportunity to shed light on the applicability of the participation exemption to benefits derived from uncovered call options. In its decision of 6 November 2020, the Supreme Court ruled that only covered call options can constitute a participation within the meaning of the participation exemption under Dutch tax law. By issuing this ruling, the Supreme Court emphasised the ne bis in idem principle that forms the basis of the participation exemption. However, benefits derived from the sale of shares that form a participation are not always exempt. The Supreme Court has reiterated that benefits must originate from an increase in value of the underlying participation. A benefit obtained by using a loophole in regulation – such as benefits obtained from German cum/ex trades – does not qualify as such and therefore cannot be exempt under the participation exemption.