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Dutch tax regime: confirmation of EU ‘per-element approach’

The Supreme Court rendered its judgement in two cases regarding the “per-element approach” to the Dutch tax consolidation regime (fiscal unity). The cases concern: a Dutch interest deduction limitation rule, and; the (non-)deductibility of currency losses on certain participations. On 8 July 2016, the Supreme Court raised preliminary questions to the Court of Justice of the […]

Impact of 2019 budget proposals on Dutch’s buyout sector

The Dutch government published important tax measures in its 2019 budget proposals with a potentially significant impact on the Dutch buyout sector. Some of these measures may result in a higher effective tax burden if appropriate action is not taken…

CJEU allows full deduction of VAT on aborted transactions

VAT on abort costs in case of an unsuccessful takeover bid is deductible, provided the buyer intended to supply management services for consideration to the target company. This was ruled by the Court of Justice of the European Union (“CJEU”) in the Ryanair case (C-249/17) issued on 17 October 2018. Facts of the case Ryanair […]

Proposal of new tax measures for improving the Dutch investment climate

On 15 October 2018, the Dutch government announced tax measures aimed at further improving the investment climate, including a further reduction of the main corporate income tax rate in 2021 to 20.5%. These proposed tax measures follow the decision of the same date to no longer abolish the Dutch dividend withholding tax. Further to and in […]

Latest Briefings

Impact of DSARs in the GDPR Era

Since the General Data Protection Regulation (GDPR) went into effect this past May, there has been a significant uptick in the number of data subject access requests (DSARs). Due to these regulatory changes, along with steep fines and shorter deadlines to complete requests, the compliance burden on organizations has to be taken seriously. To effectively […]

British Virgin Islands introduces the Micro Business Companies Act

By Alan Hughes As a leading oÂshore Ênancial center and in keeping with its constant drive toward the development and implementation of robust, modern and progressive corporate products, the British Virgin Islands (BVI) has recently introduced the Micro Business Companies Act (the “MBC Act”) – bespoke and innovative legislation designed speciÊcally toward developing and supporting the […]

Court’s guidance on identifying a firm’s centre of interests

By Duncan Lole, Gawain Moore, Geoff Cunningham In the recent case of Re Videology Ltd, the English High Court considered the factors relevant for determining a company’s centre of main interests (or COMI) and whether it had an establishment in a foreign jurisdiction for the purposes of the Cross-Border Insolvency Regulations 2006. Walker Morris insolvency experts, Duncan […]

Redress scheme outcome challenges – Have they ended?

By Paul Gair The recent case of R. (on the application of Holmcroft Properties Ltd) v KPMG LLP 2018 WL 04636705 has confirmed that Judicial Review is not the appropriate avenue for a bank customer unhappy with an accountancy firm acting as a ‘skilled person’ in approving an offer of compensation by his bank under a redress […]

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Sofia Ribeiro Branco takes part on Portuguese Bar Association Workgroup

Sofia Ribeiro Branco, Litigation & Arbitration practice partner, takes part in the Workgroup Misdemeanours Reform, created by the Portuguese Bar Association Legal Policy Office. This Workgroup aims to “monitor and participate in the discussions on the Misdemeanours Reform, recommending legal adjustments to the cabinet, that can lead them to the President of the Portuguese Bar […]

Gowling’s global named in World Trademark Review for IP strength

The World Trademark Review (WTR) has once again distinguished Gowling WLG among the world’s foremost trademark firms in the 2018 edition of its annual guide, WTR 1000. Notably, Gowling WLG was one of only 22 firms to earn listings across multiple jurisdictions. In its commentary, WTR 1000 remarks that “[o]nly one or two other firms have as wide a […]

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The future of legal privilege

With legal privilege a major discussion topic for 2017, The Lawyer spoke with HFW Partner Brian Perrott during our Managing Risk and Litigation conference to get his thoughts on whether in-house lawyers are still able to rely on privilege.

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