The European Commission has requested that the Netherlands amend the limitation on benefits clause in its double tax treaty with Japan.
The Commission said that, on the basis of previous cases such as Gottardo (C-55/00) and Open Skies (C-466/98), a member state concluding a treaty with a third country cannot agree better treatment for companies held by shareholders resident in its own territory, than for comparable companies held by shareholders who are resident elsewhere in the European Union or European Economic Area (EU/EEA).
Similarly, the Commission said a member state "cannot agree better conditions for companies traded on its own stock exchange than for companies traded on stock exchanges elsewhere in the EU/EEA. However, under the current terms of the LOB clause, some entities are excluded from the benefits of the tax treaty. This means that they suffer higher withholding taxes on dividends, interest, and royalties received from Japan than similar companies with Dutch shareholders or whose shares are listed and traded on 'recognized stock exchanges,' which include certain EU and even third-country stock exchanges."
The Commission has requested that the Netherlands respond to its concerns within two months. Otherwise the case may be referred to the European Court of Justice.
Treaty Update: Spain - Finland
According to preliminary media reports, Spain's Cabinet on October 6, 2017, approved the signing of a DTA and accompanying Protocol with Finland.
Treaty Update: Russia - Japan
Russia and Japan signed a DTA on September 7, 2017.
Treaty Update: Isle of Man - Turkey
A new TIEA between the Isle of Man and Turkey entered into force on October 7, 2017.
Treaty Update: United Kingdom - Belarus
The United Kingdom and Belarus signed a DTA on September 26, 2017.
Treaty Update: Morocco - Togo
According to preliminary reports, Morocco intends to launch DTA negotiations with Togo.
Treaty Update: Morocco - Bahrain
Morocco on September 21, 2017, published a notice in its Official Gazette to ratify and bring into effect the DTA Protocol signed with Bahrain in April 2016.
Treaty Update: Luxembourg - Sri Lanka
At a meeting on September 27, 2017, Luxembourg and Sri Lanka committed to expediting the negotiation of a Protocol to their double tax agreement.
Treaty Update: Burkina Faso - Turkey
Burkina Faso and Turkey initialed a DTA at the conclusion of three-day negotiations on September 22, 2017.
Treaty Update: Kuwait - Turkey
Kuwait and Turkey signed a DTA Protocol on September 15, 2017.
Treaty Update: South Africa - Cameroon
An order to bring into force South Africa's DTA with Cameroon was published in the nation's Official Gazette on September 1, 2017.
Treaty Update: Paraguay - Uruguay
Paraguay and Uruguay signed a DTA on September 8, 2017.
Treaty Update: Spain - Paraguay
According to preliminary media reports, Spain and Paraguay are to relaunch DTA negotiations.
Treaty Update: Liechtenstein - Monaco
Liechtenstein's Government has approved a double taxation agreement with Monaco, according to an August 23 announcement.
Treaty Update: South Africa - Cameroon
South Africa on September 1 confirmed that a new DTA with Cameroon entered into force on July 13, 2017.
Treaty Update: Thailand - Cambodia
Thailand and Cambodia signed a DTA on September 7, 2017.
Treaty Update: Brazil - Paraguay
Brazil and Paraguay agreed on the need to negotiate a DTA at a high-level meeting on August 21, 2017.
Treaty Update: Estonia - Japan
According to preliminary media reports, Estonia on August 24, 2017, approved the signing of a DTA with Japan.
Treaty Update: Switzerland - Zambia
Switzerland and Zambia signed a DTA on August 29, 2017.
Treaty Update: Hong Kong - Saudi Arabia
Hong Kong and Saudi Arabia signed a DTA on August 24, 2017.
Treaty Update: New Zealand - China
New Zealand and China held a second round of DTA negotiations on August 14.
Treaty Update: New Zealand - India
New Zealand is taking the necessary steps to bring its new DTA Protocol with India into effect, the Government said.
Treaty Update: Croatia - United Arab Emirates
Croatia and the United Arab Emirates signed a DTA on July 13, 2017.
Treaty Update: Canada - Grenada
Canada and Grenada signed a TIEA on July 14, 2017.
Treaty Update: United Arab Emirates - Cameroon
The United Arab Emirates and Cameroon signed a DTA on July 16, 2017.
Treaty Update: Grenada - Canada
Grenada announced the signing of a TIEA with Canada on July 17, 2017.