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Fiscal Facilities

2878043-bouwstenen-grijs-en-water.jpgFiscal facilities are fiscal benefits awarded to tax payers when they partake in certain pre-determined economic activities - in order to prevent double taxation and/or positively impact (inter)national business activities as well as corresponding capital inflow - as the (Dutch) legislator deemed these facilities to be appropriate and desirable due to the preservation of a healthy fiscal-economic climate. Some of these facilities apply to directors/major shareholders and others are developed to stimulate the economic activity of group corporations. There is a wide range of fiscal facilities that appeal to various sorts of taxation. In all cases, there are rigid requirements that need to be fulfilled in order to apply for the fiscal facility in question. It is essential for organizations and directors/major shareholders to have knowledge about the diverse fiscal issues with which they can be confronted and the fiscal facilities in question, which provide the needed tax relief.

“The avoidance of taxes is the only intellectual pursuit that still carries any reward.”

John Maynard Keynes (05/06/1883 – 21/04/1946), English Economist

Van Clamsfield International Ltd. offers advice concerning applicable fiscal facilities (but not limited to the following):

  1. Facilities in the event of corporate succession (corporations and partnerships) during life, after death of a director/major shareholder, due to a legal inheritance donation;
  2. Additional corporate succession facilities apply in the event of dissolution of a marriage, succession of (part of) the enterprise to a fellow-entrepreneur or employee, conversion of the partnership (or one-man business) into an incorporation, re-investment of the proceeds of termination into another enterprise;
  3. Facilities in case of fiscal emigration, foreign taxation liability, and remigration;
  4. Facilities and regulations following substantial participation and the placement at a beneficiary’s disposal of capital or real-estate;
  5. Facilities in case of conversion from the incorporation to a partnership (or one-man business);
  6. Facility in the event of conversion from devaluated legal claim into share-capital;
  7. Facility of re-investment reserve and the trade in enterprises who own re-investment reserves;
  8. Facility in the case of a stock merger;
  9. Facilities in the form of the cost-smoothing reserve, the pension reserve and the return reserve;
  10. Facilities especially for entrepreneurs: shipping, depreciation, investment, specific benefits, research and development, cooperation and start-up;
  11. Facility of dispensation in case of the re-distribution of received dividends to a corporation, located in the Netherlands;
  12. Specific determinations for interest and royalty payments;
  13. Facility to transfer foreign profits and losses to different tax years than the one, in which these profits and losses occurred (carry back and carry forward systems).
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