Investment Management Deal Structuring
Together with our Corporate / M&A team and Real Estate team, our Investment Management team advises fund managers worldwide on legal and tax aspects of private equity backed investments, in listed and non-listed entities and in real estate in our home countries.
We also see more and more (institutional) investors teaming up with asset managers in club deals or separate accounts, or in alternative forms such as SPACs. The commercial terms and the legal and tax structure are often very similar to those of private equity funds. Therefore, these are a natural fit with our ‘traditional’ investment management work.
The anti-hybrid mismatch rules of the EU Anti-Tax Avoidance Directive (ATAD2) 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).
Following the second EU anti-tax avoidance directive, the further implementation of the reverse hybrid rule entering into force as of 2022.
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.
The new edition of the EU Tax Alert is available. With this publication we would like to keep you informed about the latest developments on EU 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 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.
In a Decree of 8 July 2022 the State Secretary of Finance withdraws the approval for the application of the exemption method for board member and supervisory board member fees.