New Netherlands agreement could open tax planning opportunities

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


New Netherlands agreement could open tax planning opportunities

nl-curacao-handshake.jpg

The Dutch Ministry of Finance has announced that the Netherlands and Curacao have agreed the text of a new bilateral tax arrangement designed to avoid double taxation. The agreement could create new tax planning opportunities.

The agreement will introduce a 0% dividend withholding tax rate on distributions of profits. At present, the lowest dividend withholding tax rate available is 8.3%, but the zero rate will apply to dividends paid to certain active parent companies if they satisfy a limitation of benefits (LOB) clause.

“The dividend withholding tax rate on dividends paid to parent companies that will not qualify under the LOB provision will be 15%,” said Marc Sanders of Taxand Netherlands. “However, this rate will be reduced to 5% up to and including 2019 for distributions by companies to their parent companies which hold a minimum interest of 25%. Furthermore, the Netherlands has confirmed that a frequently used structure to eliminate dividend withholding tax between the Netherlands and Curacao through the use of a Dutch Coop will be respected until at least the end of 2014.”

While the 0% dividend withholding tax rate could bring about the birth of new tax planning schemes, Sanders points out that the LOB provision to be contained in the agreement is likely to limit those opportunities.

“Curacao was old-school planning in the 1980s and 1990s with a lot of structures through it. The new agreement may resurrect part of that but anti-abuse clauses are included,” said Sanders. “So the new agreement will probably not result in a major resurgence of Curacao as a tax planning location but will certainly offer new opportunities.”

The agreement – which will also see the countries engage in automatic information exchange – is subject to parliamentary procedures in both countries and is expected to become effective from January 1 2015.

more across site & shared bottom lb ros

More from across our site

The big four firm is rightfully prioritising transparency and accountability as it seeks to rebuild from its scandal, but a glaring structural issue remains
A recent hiring flurry has taken the firm’s number of partner appointments this year to 121 and put it on track to hit 160 partner target early
The move brings specialist tax and litigation capability to EY as it seeks to close the gap on Baker McKenzie and Venezuela’s leading local firms
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The ambitious big four challenger firm has also appointed ex-RSM partner Brad Ashton to build out its customs and global trade practice
The big four firm allegedly reviewed backdated documents and signed off on accounts that removed hundreds of millions of dollars of Abramovich’s assets
New Tier 1 entrants and an expanding cohort of established players indicate that law firms are becoming increasingly credible challengers in Europe's TP market
Awards
Leading firms and individuals gathered in Dubai to celebrate standout legal, dealmaking and tax work across the region
Tax authorities want more revenue, have better tools to find it and are increasingly willing to fight for it
Audifina, the sixth-largest firm of its kind in Lithuania, will bring a 90-strong team with offices in Vilnius and Kaunas to RSM’s international platform
Gift this article