One-Tier Versus Two-Tier Board Structure

The one-tier board structure was formally introduced in Dutch law as per January 1, 2013, with certain mandatory rules becoming effective. Since the one-tier board structure was originally viewed as an Anglo-Saxon phenomenon, only few Dutch companies had a one-tier structure before the introduction in Dutch law, based on specific clauses in their articles. Read more

New withholding tax rules for Dutch Coops, BVs and NVs

Currently, Dutch BVs/NVs are as a general rule subject to Dutch withholding tax (“DWT”), whereas Dutch cooperatives (“Coops”) are not.

On May 16, 2017, the Dutch Ministry of Finance published a legislative proposal which aims to abolish the different treatment of Coops and Dutch BVs/NVs for DWT purposes. This is achieved on the one hand by introducing a full DWT exemption for qualifying BVs and NVs, and on the other hand by introducing a DWT obligation for certain ‘Holding Coops’. Read more