Dutch Government Updates Decree on Participation Exemption — Orbitax Tax News & Alerts

The Dutch Directorate-General for Tax and Customs Administration has issued the Decree of 19 September 2024, which was published in the Official Gazette on 20 September 2024 and replaces the Decree of 9 March 2020 on the participation exemption. Subject to various conditions as detailed in the Decree, the participation exemption generally provides that benefits arising from a participation, and the costs incurred in connection with the acquisition or disposal of that participation, should not be taken into account in determining profits. The Decree provides detailed information and examples on when and how the participation exemption may be applied considering the relevant provisions contained in Article 13 of the Corporate Income Tax Act, including participation requirements for the exemption and the associated benefits and costs eligible for the exemption. The Decree is effective from 21 September 2024.

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