The next meeting of the Economic and Financial Affairs (ECOFIN) Council is taking place on December 8, 2023. The Agenda highlights and a provisional agenda for this meeting have been published on the website of the European Council/the Council of the EU.

On November 28, 2023 an interesting Decree of the Dutch Secretary of State for Finances of November 24, 2023 regarding the Earnings stripping measure (The Decree Earnings stripping measure) was published in the Dutch State Gazette. The Decree is a policy decision containing the policy for the earnings stripping measure as included in section 2.9a of the Dutch corporate income tax Act. The Decree will enter into force on November 29, 2023.

In de Staatscourant van 28 november 2023 is het Besluit van de Staatssecretaris van Financiën van 24 november 2023 inzake de earningsstrippingmaatregel (het Besluit Earningsstrippingmaatregel) gepubliceerd. Dit beleidsbesluit bevat het beleid voor de earningsstrippingmaatregel die is opgenomen in afdeling 2.9a van de Wet op de vennootschapsbelasting 1969.

On November 17, 2023 on the website of the Dutch courts the judgment of the Dutch Supreme Court in case 21/05123, ECLI:NL:HR:2023:1579 was published. In the underlying case the Dutch Supreme Court ruled on several issues. One of them being the question whether a currency exchange gain that is realized over the purchase price that was due with respect to the purchase of a participation qualifies as a tax-exempt result of an earn-out payment. To be honest we don’t understand how the taxpayer thought he could be successful in his appeal with the position he took with respect on this matter.

The Dutch Supreme Court furthermore ruled on how the loss compensation rules work in case a pure holding and group financing entity with pre-merger losses (legally) merges with an operating entity.

On November 21, 2023 the OECD has released the Corporate Tax Statistics 2023, as well a new accompanying working paper“New evidence on global low-taxed profit, OECD Taxation Working Papers, No. 67”. According to the OECD jurisdictions with statutory and average tax rates above 15% – account for more than half of all global profits currently taxed below 15%. It might be interesting to analyze the Corporate Tax Statistics 2023 and the analysis and the conclusions drawn in the accompanying working paper. Both documents are available in the English and the French language (the French versions were not made available yet at the time of writing this article).

Today the OECD announced that on November 21. 2023 at 11.00 CET it will release the Corporate Tax Statistics 2023, as well a new accompanying working paper, Effective Tax Rates of MNEs: “New evidence on global low-taxed profit”.

On November 9, 2023 on the website of the Dutch tax authorities a position paper of their Knowledge Group dividend withholding tax and withholding taxes on the consequences for Dutch dividend withholding tax purposes of a repurchase of outstanding shares to hedge a potential conversion obligation that exists under a convertible bond was published (KG:024:2023:23).

On November 16, 2023 the European Commission published the key decisions of the November 2023 infringements package. The key decisions published include a letter of formal notice being sent to Portugal for failing to comply with the EU excise duty rules on wine. Furthermore the European Commission decided to refer Belgium to the Court of Justice of the European Union for its failure to comply with the Treaty principle of free movement of workers, as regards taxation of non-resident taxpayers with modest income.

On November 15, 2023 issued a press release announcing that Kuwait joined international efforts against tax avoidance by joining the OECD/G20 Inclusive Framework on BEPS.

On November 14, 2023 the OECD release the 2022 Mutual Agreement Procedure (MAP) Statistics. During the year 2022 the worldwide number of outstanding MAP-cases increased from 6.297 to 6.416. In 2022 2.493 cases have been started and 2.375 cases have been closed.

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