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• Buying and Selling Real Estate in the Netherlands (Updated)

  KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER DUTCH LAW - Introduction - The purchase of an immovable property is a mutual agreement. Neither the seller nor the buyer has the obligation to make use of the services of a real estate agent. In practice actually one often sees that the seller instructs a real estate agent to act as an intermediary. A purchase agreement cannot be effected by the real estate agent himself: he is merely the intermediary. Should the seller engage a real estate agent, the seller must also pay the charges arising from the use of his services. Please see full Chapter below for more information.

• Netherlands: new legislative proposal Real Estate Transfer Tax

  1. Introduction (amendment of concurrence exemption for share transactions) The starting point of this proposal is that VAT is due (standard rate, currently 21%) by the seller on the supply of new real estate. Acquisition of existing real estate by Purchaser is generally subject to RETT (standard rate, currently 10,4%). However, it is possible to transfer new real estate via a share deal (instead of a direct supply of the real estate) where neither VAT nor RETT is due. However, VAT on the purchase of services acquired as part of the exempt share deal is not deductible and thus constitutes a cost for the seller, for example a developer. In practice, taxpayers use this tax-saving structure to reduce the tax burden when purchasing new real estate. This structure is of interest when VAT is a burden, such as when purchases are made by landlords of residential properties, (investors who rent to) educational institutions pension funds, insurance companies and healthcare providers. The current situation can be represented in a figure as follows: Please see full Publication below for more information.

• Bankruptcy, Insolvency & Rehabilitation Proceedings in the Netherlands (Updated)

  KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER DUTCH LAW - I. Insolvency proceedings in The Netherlands - There are four law-regulated insolvency proceedings in The Netherlands: bankruptcy (faillissement), suspensions of payment (surseance van betaling), debt adjustment for natural persons (schuldsanering natuurlijke personen) and the confirmation of private plans (homologatie onderhands akkoord (WHOA)). Since the scope of this paper focusses on corporate entities, the debt adjustment for natural persons will not be discussed here. Please see full Chapter below for more information.

• Preventing and Resolving Tax Disputes - It is all bout knowing the rules of the game

  A tax dispute may arise in a myriad of ways. Disputes may arise as a result of questions raised by tax authorities, a random tax audit or from a targeted investigation. A dispute may also arise as a result of a transaction mentioned in the press or information received from another (foreign) authority. Disputes can even arise because a taxpayer filed a request with the tax authorities for certainty in advance (a tax ruling). Whatever the origin of the dispute, you will need to make strategic choices to resolve it. Please see full Memo below for more information.

• Establishing A Business Entity In The Netherlands (Updated)

  TYPES OF BUSINESS ENTITIES - In the Netherlands, there is a distinction between entities which qualify as legal entities (‘rechtspersonen’) and partnerships (‘personenvennootschappen’) which do not. Legal entities are subjects of law and as such have rights and obligations. The rights and obligations of partnerships are held by the persons or legal entities for whose account the partnership is carrying on its business activities. Please see full Chapter below for more information.

• Buying and Selling Real Estate in the Netherlands (Updated)

  KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER DUTCH LAW - Introduction - The purchase of an immovable property is a mutual agreement. Neither the seller nor the buyer has the obligation to make use of the services of a real estate agent. In practice actually one often sees that the seller instructs a real estate agent to act as an intermediary. A purchase agreement cannot be effected by the real estate agent himself: he is merely the intermediary. Should the seller engage a real estate agent, the seller must also pay the charges arising from the use of his services. A real estate purchase agreement is often preceded by a pre-contractual stage. If the parties have agreed upon essential conditions, a purchase agreement has been achieved. Please see full Chapter below for more information.

• Bankruptcy, Insolvency & Rehabilitation Proceedings in the Netherlands (Updated)

  KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER DUTCH LAW - I. Insolvency proceedings in The Netherlands - There are four law-regulated insolvency proceedings in The Netherlands: bankruptcy (faillissement), suspensions of payment (surseance van betaling), debt adjustment for natural persons (schuldsanering natuurlijke personen) and the confirmation of private plans (homologatie onderhands akkoord (WHOA)). Since the scope of this paper focusses on corporate entities, the debt adjustment for natural persons will not be discussed here. Please see full Chapter below for more information.

• Dutch Court orders Shell to reduce CO2 emissions by 45%

  On 26 May 2021, the Court of The Hague rendered a landmark decision in proceedings between Milieudefensie (a.o.) and Royal Dutch Shell plc (RDS). Milieudefensie claimed, in short, that RDS must reduce its CO2-emissions by 2030 with 45% compared to RDS’ emissions in 2019.

• The Shell climate case; a precedent setting judgment?

  The environmental group Friends of the Earth Netherlands (Milieudefensie) has gained a historic victory in court in the Climate Case against Royal Dutch Shell (RDS).

• Royal Dutch Shell ordered to reduce its global emissions by 45% by 2030

  In a significant judgment that will be of considerable interest around the world, on 26 May 2021, the Hague District Court in the Netherlands ordered that Royal Dutch Shell (“RDS”), on behalf of itself and its wider group (the “Shell Group”), cut its CO2 emissions by 45% by 2030, compared to 2019 levels. The Court’s landmark ruling, which draws on the growing series of climate change agreements like the Paris Agreement, along with human rights standards such as those in the UN Guiding Principles, is likely to have significant implications for multinational companies, even those operating outside the oil and gas or energy sector.

Featured documents

• The Netherlands and China Sign a Co-production Agreement

  On October 26, 2015, the Netherlands Film Fund and China Film Co-production Corporation brokered a co-production agreement between China and the Netherlands. Both countries are looking forward to the benefits from their new arrangement, but what does this mean for the rest of the world?...

• Countries at a Glance: Netherlands - Employee Stock Purchase Plans

  EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - It is becoming more common for employees to claim they have entitlements under Plans. The risk of employee claims for additional benefits can be reduced by having the employees agree in...

• In urgent matters disciplinary decisions may be released in summarized form, in anticipation of the final elaborated decision (Dutch)

  "Cup-tail decisions": now also at the disciplinary court! In short proceedings, prosecutors regularly, because of the urgency of the dispute in question, make a verdict in which only the decision (the so-called 'dictum') is given. This simply means - read only whether the claim is accepted or...

• The European General Data Protection Regulation in the Dutch workplace

  The European General Data Protection Regulation (the 'Regulation') will take effect on 25 May 2018. The Regulation will replace the current European Data Protection Directive of 1995. The Dutch Data Protection Act (locally known as 'Wbp') will expire by the effective date of the Regulation. The...

• Employment Law Alert October 2017: International Trade Regulations (Dutch)

  The International Trade Regulations (the “Regulations”) entered into force on 1 July 2017. The Regulations are a continuation of the Knowledge Industry pilot and make it possible to temporarily bring foreign workers to the Netherlands by means of a flexible procedure in the context of international ...

• GDPR Update: Regulators (competence, tasks and powers)

  In our twelfth GDPR update, we address the position of the national supervisory authorities, including their competence, (new) tasks and (new) powers....

• Uitleg erfdienstbaarheden - (Explanation easements)(Dutch)

  The explanation of easements appears to be intractable matter in practice. Not only in the home, garden and kitchen cases that sometimes even get the television program 'De rijdende rechter', but also at larger complexes. An important cause of explanation problems is that the text of an easement in ...

• Key Regulatory Developments in the Netherlands

  Dutch Central Bank 27/06/2018 - Draft license application PSD2 - The Dutch Central Bank allows institutions to submit a draft license application as per 6 July 2018 for providing payment services under PSD2 in anticipation of the entering into force of the Dutch implementation of PSD2 later...

• GDPR Update november 2018: Data Protection Impact Assessments (Dutch)

  In this month’s GDPR Update we address an organization’s obligation to perform Data Protection Impact Assessments (DPIAs)....

• Dutch Supreme Court: no dividend tax on basis of most favored nation clause in tax treaty South Africa - Netherlands

  On January 18, 2019, the Dutch Supreme Court ruled in favor of a South African company that claimed a refund of 5 percent Dutch dividend withholding tax based on the most favored nation clause in the South Africa – Netherlands tax treaty (Dutch Tax Treaty)....