Dutch Mandatory Disclosure Rules for cross-border arrangements
What do the Mandatory Disclosure rules imply?
Based on the mandatory disclosure rules qualifying intermediaries and – under certain circumstances – taxpayers need to report certain cross-border arrangements to the Dutch tax authorities.
What are the reporting deadlines?
Intermediaries, such as lawyers, accountants and tax advisers, as well as “in-house teams” (see below) and under certain circumstances taxpayers, need to report all reportable arrangements of which the first step is implemented between 25 June 2018 and 1 July 2020 by 31 August 2020 at the latest. As a result of this retroactive effect, intermediaries and taxpayers should monitor what information they may need to disclose later this year about arrangements that are advised and have been implemented since 25 June 2018.
From 1 July 2020 onwards, intermediaries or taxpayers shall be required to file information on the reportable cross-border arrangements within thirty days beginning; (i) on the day after the arrangement is made available for implementation; (ii) on the day after the arrangement is ready for implementation; or (iii) when the first step in the implementation has been made – whichever occurs first.
Willem BonPartner Tax Adviser
Willem Bon, partner, is a member of the Tax Practice Group in our Luxembourg office. He focuses on cross-border tax issues, advising mainly multinational enterprises, investment funds, as well as wealthy individuals and families.T: +352 466 230 214 E: email@example.com