9 May 2016

New Dutch guidance addresses dividend withholding tax refund due foreign shareholders

In an article on MNE Tax, Wiebe Dijkstra discusses the decree issued on 25 April by the Dutch State Secretary of Finance, which outlines the Secretary’s views on the refund of Dutch dividend withholding tax due foreign corporate and individual portfolio shareholders of Dutch companies.

The decree is in response to the Miljoen, X, and Société Général decisions of the Dutch Supreme Court, discussed earlier on MNE Tax . The Dutch Supreme Court ruled in these three cases that the levying of Dutch dividend withholding tax on foreign shareholders is incompatible with European law if the levy exceeds the effective Dutch taxation of comparable Dutch resident shareholders. However, the rulings were silent on a number of important questions regarding how to make this comparison between domestic shareholders and foreign shareholders.

Download
Click here to read the full article

Source:
MNE Tax, 5 May 2016