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 European Union (CJEU) in these cases, which led to the judgement of the CJEU of 22 February 2018 concluding that the “per-element approach” applies to the Dutch fiscal unity. Today, the Supreme Court confirmed the judgement of the CJEU.