The Netherlands has extensive legislation providing non-deductibility of intra-group interest on debts resulting from intra-group transactions. In addition, deduction of interest payments may also be denied on the basis of a general anti-abuse doctrine, known as fraus legis. Under this doctrine, interest deductions are denied if the conclusive reason for the transaction in the course of which the debt is incurred has been the avoidance of tax provided always that the desired tax treatment should be in conflict with the purport of the law.
March 01 2005