Netherlands: Compliance

The Court of Justice of the European Union has ruled on whether an intermediary providing security deposit services falls within the scope of the Payment Services Directive 2. The judgment clarifies when funds transfer activities constitute regulated payment services versus ancillary functions to a primary business offering. This decision has significant implications for financial service providers operating in the European Union.

Dutch tax authorities have issued new guidance clarifying the comparability criteria for foreign pension funds seeking exemptions from Dutch corporate income tax and dividend withholding tax. The guidance addresses whether minimum age and income thresholds, as well as voluntary additional contributions, prevent foreign pension schemes from qualifying for Dutch tax relief.

The Court of Justice of the European Union has delivered a landmark judgment clarifying whether businesses that receive, hold and transfer client funds are providing regulated payment services under PSD2.

The European Commission has proposed a comprehensive recast of the Directive on Administrative Cooperation, consolidating DAC1 through DAC9 into a single legal framework. This legislative initiative aims to streamline and strengthen the EU's administrative cooperation mechanisms in direct taxation, with significant implications for compliance frameworks across member states.

The Netherlands has introduced new tax classification rules for investment entities, creating potential compliance challenges for fiscal investment institutions (FBIs) regarding profit distribution and financing limitations. A temporary seven-year approval now allows FBIs to maintain their previous treatment of certain interests that became transparent under the 2025 reforms, providing crucial relief for existing fund structures.

Defense IPOs are emerging as a viable exit strategy for investors in a sector where traditional trade sales face national security hurdles. Yet these public listings come with unique complexities—from managing classified information and export controls to navigating compliance gaps and a structurally narrower investor base shaped by ESG considerations.

Dutch tax law offers multiple facilities for tax-neutral corporate restructuring, both domestically and across borders. However, these opportunities require careful planning...

A new EU Directive on anti-corruption will require businesses with EU operations to reassess their anti-bribery and corruption (ABAC) frameworks.

The European Court of Justice has ruled on a critical question in securities law: when does inside information cease to be inside information? In Brännelius (C-229/24)...