Two years ago, the Dutch Supreme Court decided that gains and losses derived from options on 5% share interests qualify under the participation exemption. Basically, shareholders that sold an option on their 5% share interest could benefit from the exemption. Conversely, results made by the buyer of an option that gave the right to acquire a 5%-or-more share interest were also tax-exempt. One of the requirements set by the Supreme Court was that the option should relate to shares on which the participation exemption was applicable.
June 30 2005