Branding icon Branding icon

Topics

Environmental, Social & Governance (ESG)

Environmental, Social & Governance (ESG)

Sustainability is becoming an increasingly important factor in the decisions of investors, companies, consumers, shareholders and policy and law makers. The broadly supported awareness of Environmental, Social and Governance (ESG) objectives is reflected in many international voluntary standards as well as in an increasing number of European regulations.

ATAD2

ATAD2

The anti-hybrid mismatch rules of the EU Anti-Tax Avoidance Directive (ATAD 2) aim to prevent situations of a double deduction and a deduction without a corresponding inclusion of the income at the level of the recipient resulting from a hybrid mismatch. All EU Member States have implemented ATAD2 in their domestic laws as from 1 January 2019 (for Belgium) or as from 1 January 2020 and 1 January 2022 (for a.o. the Netherlands and Luxembourg).

It is noted that EU Member states can introduce rules that go beyond the minimum standards of the ATAD2 directive. An example of this is the introduction of the ATAD2 documentation requirement in the Netherlands. Following the Dutch ATAD2 documentation requirement, all Dutch taxpayers should have documentation available in their administration that shows the (non-)applicability of the ATAD2 rules.

Implementing Pillar One & Pillar Two

Implementing Pillar One & Pillar Two

Building upon work conducted for several years on how to adapt the international tax rules to an increasingly digitalised economy, the OECD/G20 Inclusive Framework proposes a two-pillar overhaul of the existing system as from 2023/2024. While the main policy features are agreed, detailed model rules and draft multilateral conventions are due to be released over 2022.

Tax directors and their teams can already model the impact, prepare for the additional tax compliance burden and assess opportunities for manageable restructurings to mitigate the increased complexity.

Substance & Tax Law

Substance & Tax Law

In recent years tax authorities have placed more emphasis on combatting the use of abusive and aggressive tax structures by companies operating across borders, to ensure fair taxation. The EU and OECD have provided tax authorities with various instruments such as the Anti-Tax Avoidance Directive (ATAD) and the Multilateral Instrument. The judgements handed down by the CJEU on the Danish cases have also set an important precedent.

However, since entities with no minimal substance and economic activity are supposedly still used for improper tax purposes, the European Commission recently issued a new proposal (ATAD 3). It is highly recommended that taxpayers already assess the possible impact of the proposal and consider opportunities for strengthening their local footprint and/or restructuring.

30-11-2023

In this update, our specialists inform you about relevant current tax developments and trends in the Netherlands, Belgium, Luxembourg and Switzerland that have an impact on MNEs.

Interested in emerging trends?
Interested in emerging trends?
Are you interested in emerging trends within the Real Estate sector, such as ESG and sustainability, changing housing needs & requirements or tax related trends like ATAD3 and Pillar One and Two?

How we can help

You can count on us, whatever the request:
  • fund structuring, deal structuring, financial structuring
  • tax due diligence
  • tax aspects of restructuring
  • tax and accounting for public-private partnership, public accounting (ESA 2010)
  • tax aspects of letting and incentives
  • development structuring and tax aspects of developments
  • corporate income tax, withholding taxes
  • VAT
  • transfer taxes (RETT)
  • local and regional taxes
  • transfer pricing assessment of intragroup services and financing
With integrated knowledge, tailored to our clients’ needs, our dedicated team will ensure a successful outcome of any type of real estate project.
With an integrated approach that sets us apart in the market, we offer our clients a unique combination of legal, tax and regulatory advice.
We offer integrated services, in collaboration with both our attorneys-at-law and civil-law notaries.
Effectively managing your indirect tax position and remaining competitive while avoiding risks.
Loyens & Loeff helps simplify the process by offering you a one-stop shop for all your M&A needs, including those which relate to tax.
Book "Investing in real estate in the Netherlands"
Book "Investing in real estate in the Netherlands"
This book provides foreign companies that invest in Dutch real estate with an understanding of the main legal and tax issues that may arise during such an investment. A (free) hard or soft copy of the book can be requested.
Book "Project development & construction in the Netherlands"
Book "Project development & construction in the Netherlands"
Adequate advice on real estate projects requires input from and good coordination between lawyers, tax advisers and civil-law notaries. Therefore, our new publication offers a handy and useable overview of the most important legal and tax aspects.

What others say

Quote icon


"The team as a whole is highly experienced and has tier-one knowledge on a wide range of legal and tax matters."

Cham­bers Eu­rope (2021)
Quote icon
“The lawyers implement experience and knowledge pragmatically & efficiently."
Chambers Europe (2021)
Quote icon
"The best firm in the Netherlands for real estate matters."
Chambers Europe (2021)
Quote icon
"The team has excellent commercial awareness and consistently delivers excellent service."
Chambers Europe (2020)
Quote icon
"They make a reliable team to work with and are a very important source of information for us."
Chambers Europe (2020)
Quote icon
“The firm has a large engine room and always has sufficient capacity, which is important in a fast-moving market. I can depend on them and if I need them urgently, they are there."
Chambers Europe (2019)
Quote icon
"Lawyers have a 'proactive and solution-oriented' attitude. The team has an all-encompassing approach and a strong tax expertise, which is combined with real estate."
Chambers Europe (2019)
Quote icon
"Very responsive team with great understanding of the real estate issues."
Legal 500 (2021)
Quote icon
"One of the largest real estate practices in the Netherlands. A real one stop shop."
Legal 500 (2020)
Quote icon
"Loyens & Loeff: a one stop shop. Performed a dedicated job with a big team on a complex transaction with many disciplines involved."
Legal 500 (2020)
Quote icon
"The team is huge and has the capacity to deal with the big transactions. It is acclaimed for the breadth of its knowledge, its network, and 24/7 mentality.”
Legal 500 (2019)
Quote icon
“Once again, Loyens & Loeff heads PropertyNL’s listings of the top 40 real estate law firms in the Netherlands. Loyens & Loeff is a true market leader in the Netherlands.”
PropertyNL (2021)
Return to previous slide
Go to next slide