OrbitaxSupreme Court decides interest paid on debt-claim towards low-taxed group company resulting from transfer of immovable property not deductible
|Approved Changes|Netherlands; European Union
On 1 June 2012, the Dutch Supreme Court (Hoge Raad der Nederlanden) gave its decision in Case No. 11/0009 concerning the deductibility of interest paid on a debt-claim to a low-taxed group company in connection with the transfer of immovable property located in the Netherlands within a group of companies. Details of the case are summarized below.
(a) Facts. In 1998, the…
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