CJEU holds German RETT exemption for group restructurings not to be State aid in upstream merger case
On 19 December 2018, the Court of Justice of the European Union (CJEU) issued its judgment in the case of A-Brauerei (C-374/17). A brief overview of the judgment can be found via this PwC EUDTG Newsalert – 20 December 2018 (CJEU holds German RETT exemption_ for group restructurings not to be State aid in upstream merger_ case)
Christmas gifts to contractors, how and what?
In our newsletters of 27 November 2018 and 10 December 2018 we recalled the possibility for employer to present year-end gifts to employees with a maximum value of EUR 40 for the occasion of Saint-Nicholas, Christmas and New Year. Indeed, provided that certain conditions are met, these gifts can be free from social security contributions
Foreign real estate funds eligible for Dutch FBI tax exemption
On 23 November 2018, the Lower Court in Breda, the Netherlands, decided that a German Open-Ended Public Fund (represented by PwC) was entitled to the FBI regime providing, among others, for a 0% Corporate Income Tax (CIT) rate on Dutch source real estate income. The Court also ruled that the portfolio investment test (one of
Adjusted calculation method for profit premiums
On 6 December, the Chamber approved the Act holding several employment provisions. One of the chapters of this Act adjusts the system of profit premiums, by introducing the possibility of a pro rata calculation in this respect. Background: the profit premium The system of profit premiums entered into force on 1 January 2018 and enables
Higher cost of dismissal as from 2019?
The Unified Status Act, which entered into force on 1 January 2014, gave the social partners 5 years to agree on industry-specific measures to enhance the future employability of dismissed employees. If no such measures are agreed on by 1 January 2019, an additional social security contribution can become due in the event of dismissal
Changes to the system of non recurring result linked benefits
Last month, the National Labour Council approved the Collective Bargaining Agreement nr. 90/3, which introduced a number of changes to the regulations on non recurring result linked benefits. Introduction The system of non recurring result linked benefits was introduced by the Collective Bargaining Agreement nr. 90 and allows employers to grant bonuses to their workers,
VAT deduction on deal fees for an aborted transaction, and not for an intended sale of shares
Recently, the CJEU decided on two important cases with respect to the VAT deduction on deal fees (see C-249/17 Rynair Ltd. And C-502/17 C&D Foods Acquisition) in a seemingly opposing manner. Ryanair case In the Ryanair case, deal fees were incurred in relation to a failed takeover of a competitor. Ryanair claimed input VAT deduction
Upcoming due date for electronic filing of BEPS 13 related documents: extended to 28 February 2019
With our newsflash of 12 November 2018 we drew your attention to the upcoming deadline for electronic filing of BEPS 13 related documents. The form 275 MF (and potentially the Master file) in relation to the financial year ended 31 December 2017 and the notification of the Country-by-Country reporting obligations in relation to the financial