• European Commission: Dutch Restrictive Exit Tax Provisions Incompatible with EU Law    
  • April 7, 2010 | Author: Pim Schouwenaar
  • Law Firm: Greenberg Traurig, LLP - Amsterdam Office
  • Based on the Dutch incorporation system, a Dutch resident company established in The Netherlands (in contrast with a resident of a country that maintains a “real seat” system) can relocate its effective place of management and control abroad without the company ceasing to exist. However, if a Dutch resident company, including all assets, transfers its seat abroad, an exit tax (article 15c/15d CITA) may be levied on the unrealized gains, such as undisclosed reserves and goodwill.