News & Articles
News
- News
Dutch court of appeal rules on reversal and increase of the burden of proof in transfer pricing disputes
24 July 2024 – The Amsterdam court of appeal published an important decision on the burden of proof for transfer pricing disputes in a case about a business restructuring.
- News
Dutch court of appeal rules on the at arm’s length interest rate of a shareholder loan
19 July 2024 – The Amsterdam court of appeal published an interesting decision on how to determine whether a shareholder loan qualifies as a so-called “uncommercial loan”.
- News
Supreme Court rules – again – on the deductibility of interest on intra-group loans
3 April 2024 - The Supreme Court confirms the Court of Appeal’s rejection of a benchmark study for an uncommercial intra-group loan and applies abuse of law doctrine to (partly) restrict the deductibility of interest on intra-group loans.
- News
Advocate General confirms rejection of a benchmark study for an uncommercial shareholder loan due to the existence of an internal CUP
16 February 2024 - The Advocate General confirms the Court of Appeal’s rejection of a benchmark study for an uncommercial shareholder loan due to the existence of an internal CUP.
- News
Advocate General opinion on Irish state aid to Apple
17 November 2023 - Huygens' summary of the Advocate General’s opinion for the Court of Justice of the European Union on Irish state aid to Apple.
- News
Departure Rutger Hafkenscheid
On 1 November 2023, Rutger Hafkenscheid will leave Huygens.
- News
Dutch Tax Court accepts the deduction of interest and disallows the deduction of commitments fees on intra group facilities
12 September 2023 – Dutch Tax Court decided on the deductibility of interest and commitment fees on intra group facilities: it accepted the deduction of interest and disallowed the deduction of commitment fees.
- News
Dutch Tax Administration published internal memo on recognition of taxable wage upon granting shares under an incentive plan
8 August 2023 - The Dutch Tax Administration published an internal memo which provides interesting insights for the management and employees of a private equity portfolio company seeking certainty in advance about their participation in an incentive plan.
- News
Dutch Court of Appeal determines value of shares held by private equity portfolio company manager in ‘good justice’
14 July 2023 - The ‘s-Hertogenbosch Court of Appeal published a decision on the valuation of shares held by a manager of a private equity portfolio company as part of a management incentive plan (MIP).
- News
Dutch Court decides that synergy advantages do not constitute goodwill that can be amortized as separate asset
7 July 2023 - A summary of the Amsterdam Court of Appeal decides that synergy advantages do not constitute goodwill that can be amortized as a separate asset.
- News
Dutch Court rejects loan benchmark study and replaces it with internal CUP
22 June 2023 - Amsterdam Court of Appeal provides important guidance for the transfer pricing practice by rejecting a benchmark study for an uncommercial shareholder loan and replacing it with an internal CUP.
- News
Opinion Advocate General on the Amazon Luxembourg state aid case
13 June 2023 - Huygens' summary of the Advocate General's opinion on the Amazon Luxembourg state aid case.
- News
Important new Dutch case law for buyers of distressed debt
3 February 2023 - A Dutch district court published an important decision on the taxation of distressed debt that was acquired by a Dutch BV.
- News
Court of Justice of the European Union decision on Luxembourg state aid to Fiat
8 November 2022 - Huygens' summary of the important decision of the European Court of Justice on Luxembourg state aid to Fiat.
- News
New Dutch transfer pricing case law on business restructurings and exit taxation
24 October 2022 - A Dutch district court published an important decision on the valuation of a business considered transferred in a group restructuring.
- News
New Dutch transfer pricing decree on captive insurance: explanation and comments
1 July 2022 - The 2022 update of the Dutch Transfer Pricing Decree comprises a significant change in the guidance for captive insurance transactions. To make captive insurance work in practice, the whole arrangement must be thoroughly quantified.
- News
New Dutch transfer pricing case law on at arm’s length interest rate in real estate financing
26 April 2022 - A Dutch district court published an interesting decision on the determination and substantiation of an at arm's length interest rate on a shareholder loan.
- News
New Dutch transfer pricing case law on business restructurings, BEPS Action 9, comparability analysis and transfer pricing documentation
12 May 2022 - A Dutch Court of Appeal published an extensively reasoned decision on several important transfer pricing topics.