Netherlands: The Netherlands To Expand Its Fiscal Unity Regime To Second-Tier Subsidiaries And Sister Companies Following EU Court Of Justice Ruling
On June 12, 2014, the EU Court of Justice (“ECJ”) ruled in two joint cases that the Dutch fiscal unity regime infringes on the EU freedom of establishment, because it does not allow a fiscal unity between (i) a Dutch resident parent company and its second-tier Dutch resident subsidiary held through an EU resident intermediate company, or (ii) two Dutch resident sister companies held by the same EU shareholder. The ECJ further ruled that […]