Netherlands (NL)

Jurisdiction Overview

IDQuestionAnswer
404 *Tax advisers reporting schemes: Are tax advisers (who help companies and individuals to prepare tax returns) required to report at least annually on certain tax avoidance schemes they have sold/marketed (if applicable)? Yes, but the schemes are only reported to the tax administration (they are not published).
 Data Date: 2019

Notes

 
On 25 May 2018, the European Council adopted Directive (EU) 2018/822 (amending Directive 2011/16/EU) as regards mandatory automatic exchange of information in relation to reportable cross-border arrangements) which requires intermediaries such as tax advisers, accountants and lawyers that design and/or promote tax planning schemes to report schemes that are considered potentially aggressive. While the Netherlands has already published a draft law (home.kpmg), as of 2 December 2019 this draft has not yet been approved as a law (IBFD 2019g). However, given that EU Member States have until 31 December 2019 to transpose the directive and the Netherlands has already published a draft law, we apply the benefit of doubt principle and assume the law will be in place by 31 December 2019, as required by the directive.

Sources

https://home.kpmg/xx/en/home/insights/2019/11/etf-416-eu-mandatory-disclosure-requirements-special-edition.html
 
IBFD 2019g
 
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018L0822