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Corporate Tax

Netherlands

Tax aspects relating to such matters as mergers and takeovers, private equity, employee participation plans and structured finance, form an important part of corporate tax law.

In the event of a merger, takeover or private equity transaction, CMS will determine and develop the structure that is appropriate for your needs. This will help you to avoid unnecessary tax payments and achieve an extra tax advantage if possible. In addition, we perform due diligence studies into targets for tax purposes, identifying and listing the tax risks for you. You can call on us too for advice on the legal aspects of setting up investment funds. We also write or assess the tax elements of prospectuses.

With an employee participation plan you can have your employees share the financial results of your business, but there are several tax aspects involved in this. We can advise you on the structure and form of the employee participation plan, such as participation by means of shares, depositary receipts, options or SARs. Furthermore, we conduct the negotiations with the tax authorities on the tax consequences of implementing the employee participation plan.

We can also provide you with sound advice in respect of structured finance, our aim being to achieve the highest possible tax efficiency for the parties involved. Examples of these types of transactions are tax leases, purchase and sale of profit-earning capacity for tax purposes, hybrid financing and tax-transparent entities.

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March 2019
Tax­a­tion of the di­git­al eco­nomy
This pub­lic­a­tion aims to identi­fy vari­ous as­pects of the di­git­al eco­nomy and to con­sider wheth­er in­come taxes are the most ef­fect­ive and ef­fi­cient way to tax this eco­nomy. Do we need a re­volu­tion in the tax sys­tem?
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March 2020
CMS Tax Glob­al Bro­chure
At the start of the 2020s, the roles of cor­por­ate tax plan­ning and reg­u­la­tion are un­der in­creas­ing scru­tiny as ques­tions of eth­ics and cor­por­ate cit­izen­ship con­tin­ue to rise up the com­mer­cial and trade policy agenda.Tax be­ha­viour is now a ma­jor fea­ture of cor­por­ate repu­ta­tion, with in­stant com­mu­nic­a­tion put­ting in­tense pres­sure on in­ter­na­tion­al com­pan­ies to pub­lish in­form­a­tion on how they meet their tax ob­lig­a­tions and man­age tax risks. The EU’s man­dat­ory re­port­ing re­quire­ments for cross-bor­der tax ar­range­ments (the DAC6 re­gime) carry heavy sanc­tions for non-com­pli­ance. With DAC6 be­com­ing fully ap­plic­able across the EU on 1 Ju­ly 2020, dis­clos­ure is a key is­sue for in­ter­me­di­ar­ies, tax­pay­ers and na­tion­al tax au­thor­it­ies.Fisc­al trans­par­ency and fair­ness are key con­cepts not just for en­ter­prises and in­di­vidu­als, but for the gov­ern­ments and fin­an­cial in­sti­tu­tions who com­pete to pro­mote and at­tract in­ter­na­tion­al trade and in­vest­ment. The G20/ OECD pro­ject to tackle base erosion and profit shift­ing (BEPS) has brought to­geth­er over 135 coun­tries in a col­lab­or­at­ive ef­fort to com­bat tax avoid­ance.Di­git­al­isa­tion is a key fo­cus of the BEPS pro­ject. As the glob­al di­git­al eco­nomy con­tin­ues to pro­duce new products, ser­vices and com­mer­cial prac­tices in every sec­tor, it raises a host of new ques­tions for in­ter­na­tion­al tax policies and struc­tures. On­line mar­kets and their tax im­plic­a­tions for do­mest­ic and cross-bor­der trans­ac­tions are hav­ing game-chan­ging ef­fects on how and where busi­ness is done.Many tax au­thor­it­ies are ramp­ing up their en­force­ment ac­tions, armed with stiffer pen­al­ties and a more tar­geted ap­proach to in­vest­ig­a­tions. The net res­ult? Tax­pay­ers of dif­fer­ent kinds – mul­tina­tion­als, fin­an­cial in­sti­tu­tions, funds, in­vestors and high net worth in­di­vidu­als – are fa­cing in­creased tax risks and pres­sures. The right ad­vice can make all the dif­fer­ence. Ex­perts can help you shape your strategy, man­age the risks and make the most of the op­por­tun­it­ies in the tax land­scape of the 2020s.

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