The Court of Justice EU pulls down Dutch interest limitation rule : (Case X BV, C-398/16) Daniel S. Smit
By: Smit, Daniël S
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Material type: 
ArticlePublisher: 2018Subject(s): GRUPOS DE EMPRESAS | INTERES | IMPUESTO DE SOCIEDADES | DEDUCCIONES | PAISES BAJOS | TRIBUNAL DE JUSTICIA DE LAS COMUNIDADES EUROPEAS | UNION EUROPEA | JURISPRUDENCIA
In:
EC Tax Review v. 27, Issue 6, December 2018, p. 303-308Summary: On 22 February 2018, the European Court of Justice (ECJ) rendered its decision in the X BV case (C-398/16). The ECJ held a specific Dutch interest limitation rule discriminatory, as a result of the effects of the Dutch group consolidation rules. The ECJ's decision creates a significant gap in the Dutch interest limitation and group consolidation rules. The author critically assesses the ECJ's decision and concludes that the decision is based on an erroneous understanding of the Dutch rules. The author also critically assesses the Dutch legislator's response to reduce the benefits of the group consolidation regimes in domestic situations. According to the author, the preferable approach would be to extend (wholly or partially) the benefits of this regime to cross-border situations in order to resolve the discrimination.
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| Artículos | IEF | IEF | OP 2141-B/2018/6-3 (Browse shelf) | Available | OP 2141-B/2018/6-3 |
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| OP 2141-B/2018/6 EC Tax Review | OP 2141-B/2018/6-1 The State aid selectivity-test in corporate tax matters | OP 2141-B/2018/6-2 VAT and Brexit | OP 2141-B/2018/6-3 The Court of Justice EU pulls down Dutch interest limitation rule | OP 2141-B/2018/6-4 The new face of international tax dispute resolution | OP 2141-B/2018/6-5 The reflection of data-driven value creation in the 2018 OECD and EU proposals | OP 2141-B/2018/6-6 New perspectives on fiscal State aid |
Resumen.
On 22 February 2018, the European Court of Justice (ECJ) rendered its decision in the X BV case (C-398/16). The ECJ held a specific Dutch interest limitation rule discriminatory, as a result of the effects of the Dutch group consolidation rules. The ECJ's decision creates a significant gap in the Dutch interest limitation and group consolidation rules. The author critically assesses the ECJ's decision and concludes that the decision is based on an erroneous understanding of the Dutch rules. The author also critically assesses the Dutch legislator's response to reduce the benefits of the group consolidation regimes in domestic situations. According to the author, the preferable approach would be to extend (wholly or partially) the benefits of this regime to cross-border situations in order to resolve the discrimination.
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