Energy & Infrastructure
More and more integrated Energy & Infrastructure projects, related litigation and policy changes will require increasingly detailed and cross-sectional advice. You can count on us to navigate you through these developments with tailored high-quality advice.
Climate, technological, economic and geopolitical developments are driving new regulatory interventions, requiring businesses to adapt, and triggering questions about implementation, interpretation and validity of new laws. Whether you are a developer, utility, corporate, fund or bank, grid operator or public authority, you can rely on our long-standing experience in Energy & Infrastructure to provide you a full-service advice and support.
Energy storage & grid congestion
One of the major challenges for the energy transition is the available capacity of the electricity grids. Decentralised renewable production, large scale electrification (EV, housing and industry) and power demand by data centres, demand grid capacity for which the existing grid was never designed or laid out. This leads to grid congestion in large parts of the system. And as the expanding of a grid component may easily take seven years or more, market parties are looking for alternatives to still be able to realise their projects. We advise our clients on alternative connection solutions, such as cable pooling, private networks, direct lines, on-site consumption and (electrical or chemical) storage, as the case may require, always keeping an eye on the ‘bankability’ of the project. We take care of the necessary contracting and regulatory consents and permits and advise on legal and tax structuring of the project.
ESG & Sustainable Investment
Sustainability is becoming an increasingly important factor in the decisions of investors, companies, consumers, shareholders and policy- and lawmakers. The broadly supported awareness for the Environmental Social and Governance (‘ESG’) objectives is reflected in many international voluntary standards as well as in an increasing number of European regulations to mobilise financing for sustainable growth.
In recent decades, sustainability has gained an increasingly prominent role in politics, society and business.
Implementing Pillar One & Pillar Two
To adapt 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. Tax directors and their teams can already model the impact and assess opportunities for manageable restructurings to mitigate the increased complexity.
On 27 May 2022, the Task Force on the Digital Economy from the OECD published two public consultation documents on a Tax Certainty Framework and Tax Certainty for Issues Related to Amount A of Pillar
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 European Commission recently issued a new proposal (ATAD 3). It is highly recommended that taxpayers assess the possible impact of the proposal and consider opportunities for strengthening their local footprint and/or restructuring.
During the 8th Annual International Tax Developments Seminar, several Loyens & Loeff tax experts as well as officials from the Dutch Tax Authorities updated the participants on the latest internationa