Taxence

Splitsingsbewijsvermoeden bij verkoop binnen drie jaar in strijd met Fusierichtlijn

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The Dutch Supreme Court ruled that the three-year spin-off presumption under corporate tax law conflicts with EU Merger Directive principles. The court determined that tax authorities must prove the absence of business reasons for a split, rather than placing the burden on companies. This decision reverses lower court reasoning and has significant implications for corporate restructuring tax treatment.