Government measures in key jurisdictions 5th edition - Flipbook - Page 145
The Netherlands
Litigation
Are the courts
operating?
Tax
Businesses
There is a temporary regulation in place, which is valid until 1 April 2021.
•
The Dutch Ministry of Economic affairs has drawn up guidelines with real estate
•
From
11 May 2020,
physical
hearings
will recommence
cases The
where
the important
physical
companies
on how
to cater
shop owners
in financial for
distress.
most
presence
is deemed
necessary.
Criminal,
youth, and
family
have
guidelineofisthe
forparties
real estate
companies
to (partially)
suspend
the rent
in matters
April, May
and
priority.
Fromrequest.
17 August 2020, the public may, in principle, attend hearings or judgments
June, upon
again, if the respective person signs up at least two days in advance.
•
Real estate companies are urged to act in accordance with the guidelines, however
•
The deadlines for submitting documents to the courts remain unchanged as much as
they are not legally binding.
possible, unless the court reports otherwise.
•
•
Whenever possible, courts aim to carry out any other hearings remotely, using various
digital aids that have been put into place.
•
More information can be found here.
•
Companies can obtain deferral of payment of income tax, corporate income tax, wage tax
and/or value added tax, excises (mineral oils, alcohol, and tobacco), insurance tax, gambling
tax, environmental taxes (storage of sustainable energy, energy, coal, waste and tap water)
and landlord levy). Businesses can request a tax deferral or request an extension of the
deferral until 1 July 2021 and any deferral granted upon such request will also end on 1 July
2021. If a deferral of payment has already been granted, the deferral may be extended until 1
July 2021.
•
The Dutch government obliges taxpayers to resume payment of new tax liabilities in
accordance with the usual rules as of 1 July 2021, which means that the foregoing Covid-19
related deferral measures will not apply to such tax liabilities. Companies to which a deferral
for certain tax liabilities has been granted will in principle have to resume the payment of
these tax liabilities from 1 October 2021 onwards, but may request to pay these in 36 monthly
instalments. No assurance is necessary for the debt. The exact conditions of this payment
arrangement have not yet been disclosed. More information can be found here. The deferral
application may be submitted here.
•
The tax authorities will not impose default penalties for non-payment or late payment of taxes
on taxpayers that have obtained deferral of payment of tax. Default penalties (automatically)
imposed will be reversed. Both measures apply since 12 March 2020 and ended as of 1
January 2021. The tax collection interest (invorderingsrente) that normally starts after the
expiry of the payment term will be temporarily reduced from 4% to 0.01% from 23 March
2020 until 31 December 2021. This applies to all tax debts.
•
In addition, the interest rate for unpaid tax (belastingrente) was also reduced to 0.01% as of 1
June 2020. For personal income tax, this rate was reduced as of 1 July 2020. The interest rate
on unpaid tax (belastingrente) has been adjusted to the original rate of 4% as of 1 October
2020. For corporate income tax, the interest rate on unpaid tax (belastingrente) will also be set
at 4% (instead of the regular rate of 8%) until 31 December 2021. More information can be
found here.
•
If a preliminary corporate tax assessment has been imposed and the taxable profit is likely to
be lower than the taxable profit estimated for the preliminary assessment, a reduction of
the preliminary assessment may be requested. This creates a right to a refund (if the
preliminary assessment has already been paid in full) or provides for a reduction of the
monthly tax due (if the preliminary assessment is paid monthly). The Dutch government has
announced that the Dutch tax authorities will grant all requests to reduce preliminary
assessments.
•
On 24 April 2020, the Dutch government announced that taxpayers may form a reserve
("fiscal coronavirus reserve") up to the amount of the expected loss for 2020 in their 2019
corporate income tax return and hence offset the fiscal coronavirus reserve against the 2019
taxable income. The amount of the fiscal coronavirus reserve may not exceed the total
taxable income for 2019. The fiscal coronavirus reserve will be mandatorily and fully released
in 2020.
Has any new
legislation been
introduced in light
of Covid-19?
Government measures in key jurisdictions
145
