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27 June 2019 / news

Quoted: Implementation of the Anti-Tax Avoidance Directive in the Netherlands, Belgium and Luxembourg

The Anti-Tax Avoidance Directive (ATAD) as adopted by the European Council on 20 June 2016 and further amended on 25 October 2016 contains five anti-abuse measures which Member States of the European Union (Member States) have to implement in their domestic laws.

Employment tax

These measures include an earnings stripping rule (ESR), a general anti-avoidance rule (GAAR), a controlled foreign company rule (CFC), to be implemented before 1 January 2019, and an exit tax and rules on hybrid mismatches, to be implemented before 1 January 2020.

The ATAD sets minimum standards. Member States are free to impose more strict rules.

The Netherlands, Belgium and Luxembourg have timely implemented the ESR, exit tax, GAAR and the CFC. In this Quoted we set out the main rule and options of each measure as provided in the ATAD and subsequently set out the choice of implementation made by the Netherlands, Belgium and Luxembourg. We will show the differences in implementation by these three Member States. The annex to this Quoted includes an overview of the various choices made by the Netherlands, Belgium and Luxembourg.

Please read Quoted below or download the PDF version.


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