Bill for improvement of the Netherlands business climate

Article Abstract:

Bill No. 24 696 submitted to the Lower Chamber of the Netherlands Parliament on Apr 23, 1996, would improve the country's business climate by facilitating the formation of a risk reserve for foreign companies active locally. The bill also contains anti-abuse provisions and the explanatory notes have a number of compliance measures. The most important practical measure is the application of a single-purpose account in determining whether interest is from a foreign participation. This measure would facilitate the identification of company resources not financed with borrowed capital.

Economic aspects, Netherlands, Debt financing (Corporations), Debt financing

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U.S.-the Netherlands qualification differences for Dutch C.V.s

Article Abstract:

The Commanditaire Vennootschap (CV) is an ambiguous entity in terms of its taxability under the laws of the Netherlands and the US. It may qualify as a transparent conduit or a taxable entity depending on the determination of how transferable the interests are. Taxation may be avoided by organizing a hybrid CV, not taxed in one country by law, or the other country by treaty with the first. Laws may change and treaties are being renegotiated which may close these loopholes. Benefits of the CV under US and Netherlands law are examined.

Comparative analysis, Limited partnership, Limited partnerships, Double taxation

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Preparing for NAFTA: Canadian judicial anti-avoidance doctrines

Article Abstract:

American practitioners should become familiar with Canada's anti-avoidance doctrines and the role of that country's tax courts as NAFTA nears. Canada's tax courts have the right to judge whether or not a taxpayer acted to abuse the tax law in filing returns. Taxpayers are legally allowed to order their affairs so that their taxes are minimized, as long as there is no abuse of law. Canada's business purpose test, sham doctrine, illegal and incomplete transaction tests and the role of the tax courts are discussed.

Laws, regulations and rules, Tax planning, Powers and duties, Tax shelters, Canada. Customs and Revenue Agency, Canada. Tax Court of Canada

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