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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.

Reform of Belgian property law

Reform of property law

In the Book 3 "Goods" of the Belgian Civil Code the main goal of the legislator was to better structure, modernise and integrate the law on goods into a single code. Moreover, the new law on goods had to be functional, useful and flexible. Time will show whether the new Book 3 meets these goals. It’s looking promising anyhow.

22-12-2022

This Real Estate Update focuses on the new Books 1 and 5 of the new Belgian Civil Code, which will both enter into force on 1 January 2023. We selected almost 20 relevant topics where the new legislation could have an important impact on real estate

08-11-2022

The year 2022 should have been the year of recovery from the pandemic. It became a year of energy crises, sky-high inflation, and uncertainty over worldwide peace. Governments all over the world responded with measures to support their citizens, thei

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

Seamless connections with the best possible parties in the world

Are your investments located outside our home markets (being the Netherlands, Belgium, Luxembourg and Switzerland)? In that case you can rely on our relationship with many leading international law and tax firms. Because our firm operates independently, we can select the best possible partner in each country and are used to working seamlessly together with other firms as well. This means we can guarantee optimal quality for our clients, wherever you go.

Sustainable design

A sustainable design for your real estate fund and investment structures is crucial for top performance. This includes a finance structure that fits your strategy, investor base and management organisation. As another key to success, we are committed to offer a seamless switch from the fund’s term sheet to the closing of each transaction.

You can count on us, whatever the request:
  • investment funds
  • fund structuring
  • fund documentation and negotiations
  • business plan and tax forecast
  • joint venture agreements
  • accounting and regulatory matters (incl. merger control)
  • yearly tax and legal review
  • corporate housekeeping
  • transactions
  • deal structuring
  • business plan and tax forecast
  • legal and tax due diligence
  • financial and tax modelling
  • transaction documentation and negotiations
  • W&I insurance
  • finance
  • finance structuring
  • finance documents and negotiations
  • due diligence
  • legal opinions
  • transfer pricing assessment of intragroup financing and services
With integrated knowledge, tailored to our clients’ needs, our dedicated team will ensure a successful outcome of any type of real estate project.
The Loyens & Loeff Project Development & Construction team combines real estate experts from across our three disciplines – lawyers, civil law notaries and tax advisers.
In real estate finance, a clear trend in loans and credit documentation has emerged.
Whether looking at office or residential markets, the real estate market is exploding.
After acquisition, the day-to-day management of your real estate assets is essential to ensure the investment profitability.
How do you structure your investment vehicle and your acquisition when legislation is ever-changing, nationally and internationally?
Our dedicated transaction team will help you succeed in closing the deal in a real estate acquisition or disposal.
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.
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.
Key tax aspects of Real Estate 2022
Key tax aspects of Real Estate 2022
Are you looking to invest in real estate in the Netherlands, Belgium, Luxembourg or Switzerland? Our publication "Key tax aspects of real estate investments 2022" gives you an overview of all the relevant tax aspects that should be taken into account when structuring real estate investments in our home markets.

What others say

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"The team as a whole is highly experienced and has tier-one knowledge on a wide range of legal and tax matters."
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"The best firm in the Netherlands for real estate matters."
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"The team has excellent commercial awareness and consistently delivers excellent service."
Chambers Europe (2020)
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"They make a reliable team to work with and are a very important source of information for us."
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“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)
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"Lawyers have a pro-active 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)
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"Very responsive team with great understanding of the real estate issues."
Legal 500 (2021)
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"One of the largest real estate practices in the Netherlands. A real one stop shop."
Legal 500 (2020)
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"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)
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"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)
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“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)
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"L&L has a lot of knowledge and expertise in the field of real estate and has a lot of experience in the field of takeovers of such projects."
Legal 500 (2022)
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"They are absolutely top of the bill."
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"Always contactable, dedicated, professional and extremely hard working."
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"As the sole attorney responsible for my Fortune 100 company’s real estate globally, I have managed projects in approximately 40 countries and 35 states in the US; Loyens & Loeff is among the very best firms with which I have worked."
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"Best in the market from a professional standpoint."
Legal 500 (2022)
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"The firm is extremely responsive, brings consummate legal knowledge to the table, works very collaboratively and always helps to find creative solutions to problems in transactions."
Legal 500 (2022)
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"The attorneys are very personable and genuinely good people — in my experience they genuinely care about the client, and they quickly learn and operate with a view to the quirks and peculiarities of the client company."
Legal 500 (2022)
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