Government measures in key jurisdictions 4th edition - Flipbook - Page 139
The Netherlands
Businesses
Are the courts
operating?
•
Real estate companies are urged to act in accordance with the guidelines, however they are not
legally binding.
•
•
•
•
Has any new
legislation been
introduced in light of
•
Covid-19?
139
The Dutch Ministry of Economic affairs has drawn up guidelines with real estate companies on
how to cater shop owners in financial distress.
Businesses
•• From
11 May
2020, physical
hearings
willhas
recommence
for cases with
where
theestate
physical
presenceonof
The Dutch
Ministry
of Economic
affairs
drawn up guidelines
real
companies
the
is deemed
necessary.
Criminal,
youth,
family
mattersguideline
have priority.
howparties
to cater
shop owners
in financial
distress.
Theand
most
important
is for real estate
Litigation
Tax
•
companies
to (partially)
suspend
the renttointhe
April,
Mayremain
and June,
upon request.
The
deadlines
for submitting
documents
courts
unchanged
as much as possible,
unless
the
court
reports
otherwise.
Real estate companies are urged to act in accordance with the guidelines, however they are not
legally binding.
Whenever
possible, courts aim to carry out any other hearings remotely, using various
digital aids that have been put into place.
Companies can obtain deferral of payment of income tax, corporate income tax, wage tax and/or value
added tax, excises (mineral oils, alcohol, and tobacco), insurance tax, gambling tax, and landlord levy). Businesses
can request a tax deferral or request an extension of the deferral until 1 October 2020 and any deferral granted upon such
request will end on 31 December 2020.
Based on a recent announcement by the Ministry of Finance, taxpayers are –as of 1 January 2021 – obliged to resume
payment of new tax liabilities in accordance with the usual rules, which means that the foregoing COVID-19 related deferral
measures will not apply to such tax liabilities. Companies to which a deferral for certain tax liabilities has been granted will in
principle have to resume the payment of these tax liabilities once the deferral period has ended but may request to pay
these in 24 monthly instalments. No assurance is necessary for the debt. The exact conditions of this payment arrangement
have not yet been disclosed. It has been announced that the Dutch tax authorities will inform taxpayers whose deferral of
payment is about to end on the possibility to extent the deferral before 1 October 2020. The deferral application may
be submitted here.
•
The tax authorities will not impose default penalties for non-payment or late payment of taxes on
taxpayers that have obtained deferral of payment of tax. Default penalties (automatically) imposed will
be reversed. Both measures apply since 12 March 2020 and will end as of 1 January 2021. The tax
collection interest that normally starts after the expiry of the payment term will be temporarily reduced
from 4% to 0.01% from 23 March 2020 until 31 December 2021. This applies to all tax debts.
•
In addition, the interest rate for unpaid tax will also be reduced to 0.01% as of 1 June 2020. An exception
to this is the temporary reduction of the rate for unpaid personal income tax, which will take effect from
1 July 2020. The interest on unpaid tax rate applicable to unpaid taxes will be adjusted to the original rate
of 4% as of 1 October 2020. For corporate income tax, the interest on unpaid tax rate will also be set at
4% until 31 December 2021 (instead of the regular rate of 8%).
•
If a preliminary corporate tax assessment has been imposed and the taxable profit is likely to be lower
than the taxable profit estimated for the preliminary assessment, a reduction of the preliminary
assessment may be requested. This creates a right to a refund (if the preliminary assessment has already
been paid in full) or provides for a reduction of the monthly tax due (if the preliminary assessment is paid
monthly). The Dutch government has announced that the Dutch tax authorities will grant all requests
to reduce preliminary assessments.
Government measures in key jurisdictions