A look at the proposed loss relief rules in the Netherlands

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

A look at the proposed loss relief rules in the Netherlands

Sponsored by

Sponsored_Firms_piper.png
The aim of the proposal is a more gradual set-off of losses.

Jian-Cheng Ku and Ilse Lagerweij of DLA Piper Netherlands assess the changes to the 2021 tax budget rules concerning the deductibility of losses.

On October 5 2020, the Dutch Ministry of Finance published an important clarification to its proposed 2021 tax budget rules for the deductibility of losses. In this article, we will provide further details on the proposed rules and highlight what the impact of these rules can be for businesses and taxpayers.

Background

After a recommendation of the Committee Taxation of Multinationals in their report of April 2020, a new regime for loss relief in the corporate income tax act was presented in the 2021 Dutch tax budget. The proposed regime should enter into force as of January 1 2022.



Under the proposed rules, losses can be carried forward indefinitely, but the deduction of losses is subject to a threshold. The aim of the proposal is a more gradual set-off of losses.

What has changed?

The current loss relief regime permits losses to be carried back one year and carried forward six years. After six years, the losses, if they have not yet been utilised, will expire and no longer be deductible.



As mentioned previously, under the newly proposed rules, losses can be carried forward indefinitely. For the carry back of losses, the limitation of one year stays in place.



Compared to the current regime, this is more in line with the so-called ’overall profit principle’ (totaalwinst) in the Netherlands. The overall profit principle must ensure, to the extent possible, that entities are taxed over the total amount of profit or loss during their entire lifetime. Since under the proposed regime losses do not expire, there is no longer a breach of the overall profit principle.



However, the proposed measures do limit the deductibility of losses in terms of the amount per year. Losses can be offset against taxable profits up to a threshold of €1 million ($1.18 million) plus 50% of the taxable profit exceeding €1 million. Therefore, most small businesses will not be limited in their loss deductibility potential.

Transitional law

The rules will enter into force on January 1 2022. The clarification of the Ministry of Finance confirmed that the new rules apply to all losses that occur after January 1 2022 and all losses that are still in place at year-end 2021. The new rules therefore also apply to losses occurred in 2013 that has not yet been deducted, as previous transitional law allowed losses from 2013 to be carried forward for nine years. After January 1 2022, these losses will become deductible indefinitely.

Key takeaways

Although the legislative proposal has not yet been passed into law, the introduction of the indefinite carry forward of losses can be commended, as it aligns with the overall profit principle.



In addition, the proposed loss relief regime is more in line with that of surrounding countries such as Germany, Belgium and the UK. These countries also apply rules that limit loss relief per year instead of by an expiration date.



Lastly, perhaps the most important for now, the transitional law is very favourable, as losses from 2013 and after are deductible indefinitely as from January 1 2022.

 



Jian-Cheng Ku

T: +31 20 541 9911 

E: jian-cheng.ku@dlapiper.com



Ilse Lagerweij 

E: ilse.lagerweij@dlapiper.com


more across site & shared bottom lb ros

More from across our site

A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
As ITR’s exclusive data uncovers in-house dissatisfaction with case management, advisers cite Italy’s arcane tax rules
The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Taylor Wessing, whose most recent UK revenues were £283.7m, would become part of a £1.23bn firm post combination
Gift this article