On 24 October 2022, the Dutch Government released a draft legislative proposal as part of a public consultation process on how to implement the proposed BEPS 2.0 – Pillar Two global agreement in its domestic legislation. The proposal is structured as a separate tax law that is not intended to be embedded into the existing Dutch Corporate Income Tax Code.
Interested parties and stakeholders have until 5 December 2022 to submit input.
Pillar Two primarily consists of two interlocking domestic rules, together referred to as the Global Anti-Base Erosion (GloBE) rules, which will introduce a global minimum effective tax rate of 15% for in-scope businesses. These two rules are referred to as the Income Inclusion Rule (IIR) and Undertaxed Payment Rule (UTPR). The remaining element of Pillar Two, the Subject to Tax Rule, is a treaty-based rule which will apply where certain intra-group cross-border payments are subject to low levels of taxation.
The draft legislative proposal is based on the draft EU Directive to implement the OECD Pillar Two agreement within the EU, and more specifically the compromise text of 16 June 2022. In line with that compromise text, the Dutch Government proposes that the IIR and the UTPR become effective for financial reporting years starting on or after 31 December 2023 and 31 December 2024 (respectively). Notably, the Dutch Government also makes use of the possibility provided by the draft EU Directive to propose the introduction of a QDMT such that – essentially – any top-up tax to be paid by Dutch constituent entities that are part of an in-scope multinational group will be collected by the Dutch Government.
With reference to the joint statement by France, Germany, Italy, Spain and the Netherlands from 9 September 2022,1 the Dutch Government once more underscores its commitment to implement these minimum taxation rules per the timeline mentioned above even if unanimous consent is not reached among the EU Member States.
Updated communications will follow as the consultation and legislative process progresses.
For additional information with respect to this Alert, please contact the following:
Ernst & Young Belastingadviseurs LLP, International Tax and Transaction Services, Amsterdam
Ernst & Young Belastingadviseurs LLP, International Tax and Transaction Services, Rotterdam
Ernst & Young LLP (United States), Netherlands Tax Desk, New York
Ernst & Young LLP (United States), Netherlands Tax Desk, Chicago
Ernst & Young LLP (United States), Netherlands Tax Desk, San Jose/San Francisco
Ernst & Young Tax Services Limited (Hong Kong), Netherlands Tax Desk, Hong Kong
Ernst & Young (China) Advisory Limited (China Mainland), Netherlands/EMEA Tax Desk, Shanghai
EY Corporate Advisors Pte Ltd (Singapore), Netherlands/EMEA Tax Desk, Singapore
Ernst & Young LLP (United Kingdom), Netherlands Tax Desk, London
Ernst & Young Tax Co (Japan), Netherlands/EMEA Tax Desk, Tokyo