Examples of Dutch CITA in a sentence
The cumulative distribution functions of the points are calculated and drawn in Fig.
NLCo. was subject to the Dutch CITA (25% CIT rate) and applied the Dutch participation exemption regime to avoid that the dividends would have been taxed twice in Italy and the Netherlands.CJEU Securities (C-389/18) It could also be argued that the Italian Revenue Authorities differentiate between a cross-border distribution of a dividend by an Italian subsidiary to a parent company in an EU Member State and the distribution to an Italian parent company.
Therefore the formal notification was withdrawn by The Netherlands.33The Dutch innovation box regime is a generic tax measure that applies to all companies who are subject to tax under the Dutch CITA (both Dutch based companies as foreign companies), independent of the economic sector in which they operate or the economic activities they perform.
However with regard to the fourth criteria some controversy can be found in tax literature.20 The majority view in literature21 is that the Dutch innovation box regime is a generic tax measure that applies to all companies who are subject to tax under the Dutch CITA (both Dutch based companies as foreign companies), independent of the economic sector in which they operate or the economic activities they perform.
In short, article 12b of the Dutch CITA indicates that a taxpayer has the option to apply a tax credit on revenues gained from a qualified, self-produced immaterial asset.48 The legislator has chosen to partially exempt profits that qualify for the innovation box from taxation.
The legislature has also amended the Dutch CITA with regard to the CIT treatment currency exchange results realized on equity investment that qualify as a participation for economic DTR purposes.
Up until 1 January 2012, the tax legislator sought to tackle undesired implications in this respect with a specific ‘claw-back mechanism’ laid down in Article 13c Dutch CITA.
These include:• interest-deduction limitations for hybrid debt (articles 10 and 10b Dutch CITA), and• anti-base erosion rules (article 10a Dutch CITA).
Netherlands is willing to adopt more provisions of the UN Model66, provided that the interests of Dutch taxpayers will not be impaired disproportionately.67 For example: the special tax regime applied by the Netherlands with respect to developing countries, as discussed in chapter 6.3.68 Normally, foreign dividends, interests and royalties are part of the taxable profit as imbedded in article 7 of the Dutch CITA.
See article 2.1, paragraph 1, sub 1 Dutch PITA 2001 and article 2 Dutch CITA 1969.