Key Benefits:
Decision of 20 December 2000 adapting certain implementing acts
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of the State Secretary for Finance of 17 November 2000, No WDB2000/874M, Directorate General for Fiscal Affairs, Executive Board Legislation Direct Taxation;
Having regard to Article 61 of the General Law on State Taxation , the Articles 4 , 5a , 15a , 18g , 18h , 19a , 33 and 35c of the Law on payroll 1964 , Article 39 of the Law on Turnover Tax, 1968 , Article III of the Law of 30 September 1986 (Stb. 479), the Articles 14c , 28 and 29 of the Law on Corporate Tax 1969 , Article 15 of the Law on Taxation of Legal Service , Article 28 of the Act of Invorting and, to Chapter 2, Article I, part Ra, and IV, part B, third paragraph of the Income Tax Act 2001;
The Council of State heard (opinion of 13 December 2000, No W. 06.00.0536/IV);
Having regard to the further report of the State Secretary for Finance of 18 December 2000, No WDB2000/964U, Directorate General for Fiscal Affairs, Executive Board Legislation Direct Taxation;
Have found good and understand:
1 For the purposes of applying Article 3.127, 2nd paragraph, of the Income Tax Act 2001 , in conjunction with the Chapter 2, Article I, Section Ra, of the Import Law Income Tax 2001 transitional arrangements for the inclusion of pension deficits, the amounts not charged in the calendar years 1994 to 2000 shall be calculated and taken into account as follows:
a. calculated according to the Article 3.127, first to fourth paragraph, of the Income Tax Act 2001 the principles and amounts applicable in respect of the 2001 calendar year, subject to the provisions of the Article 3.127, 2nd paragraph, of the Income Tax Act 2001 -the amounts to be taken into account in the calendar year in which the non-associated contributions to annuities have been paid or settled;
b. calculated on the basis of personal income, as established under Article 5 (2) of the Income Tax Act 1964, as it has been in those years; and
c. Reduced the build-up of pension claims and endowments to the old-age reserve in the relevant calendar years, with the reduction in the institution of pension entitlement calculation calculated on the basis of the institution of the pension fund, Article 15 of the Income Tax Decision 2001 Set assumptions.
The amount of space thus calculated shall then be taken into account for the calculation of the amounts to be taken into account from the date of entry into force of the calendar year 2001, the amount fixed under Article 45a of the Income Tax Act, 1964, as in those years. was deducted from annuities taken into account.
For the purposes of applying the first paragraph, the taxable person may request the insurer of the pension to provide a statement of the pension growth in a year which is situated in the period 1994 to 2000. The statement of the pension increase shall be provided to the taxable person by the insurer of the pension within three months of receipt of the request.
1 If a body is established after 1 January 1998, the amount referred to in Chapter 2, Article IV, Section B, second paragraph, part b, of the Income Tax Act 2001 shall be zero.
2 If, after 1 January 1998, the taxable person obtains, or has obtained, funds under a general title, in the context of a merger (legal merger):
a. for the purposes of Chapter 2, Article IV, Section B, second paragraph, of Section B of the Income Tax Act 2001, shall be taken into account for the profit distributions provided by the dismissing legal person, according to a stable legal system established by the Conduct of business, during the three calendar years immediately preceding 1 January 2001, have been carried out per year;
b. shall be taken into account for the purposes of Chapter 2, Article IV, Part B, second paragraph, part d of that Act, the result of the dismissing legal person;
For the purposes of the application of Chapter 2, Article IV (B) (6) of that Law shall be taken into account in respect of profits made by the dislocated legal person in totality from 1 January 2001 to the date of merger; shall be taken into account, and shall be taken into account, the value in the economic movement of the disdislocated legal person's balance referred to in that paragraph.
3 If, after 1 January 1998, the taxable person obtains, or has obtained, funds under a general heading in the context of a division (legal cleavage):
a. for the purposes of Chapter 2, Article IV, Section B, second paragraph, of Part B of the Income Tax Act 2001, the profit distributions made by the split legal person, according to a stable line of conduct, during the period of application of the three calendar years immediately preceding 1 January 2001 have been carried out by the taxable person and shall be regarded as having been made by the taxable person for a proportionate share, in the case of a division where the split legal person is still Existence, these profit distributions by the splitting legal person are deemed to be similar to the same reduced;
b. for the purposes of Chapter 2, Article IV, subparagraph B, second paragraph, of that Act, the result of the splitting legal person shall be deemed to have been obtained by the taxable person for a commensurate part and shall be, in the case of: split where the splitting legal person continues to exist, the result of the split legal person shall be reduced to the same extent;
(c) for the purposes of the application of Chapter 2, Article IV, Section B, sixth paragraph, of that Act, the profit distributions made in totality by the splitting legal person shall be deemed to have been carried out by the taxable person to a proportionate share. in the event of a split where the split legal person continues to exist, the profit distributions of the split legal person shall be reduced to the same extent.
For the purposes of the third paragraph, the proportional part shall be understood to mean a proportion which is proportional to the ratio at the time of the split between the value in the economic movement of the assets of the split- legal person who transferred to the taxpayer and the value in the economic circulation of the entire assets of the split legal person.
5 In the event that the taxable person has acquired or obtained assets under a general title after 1 January 1998 in the context of a merger or division, the shares which are by natural persons or bodies in the context of that merger or a division shall be obtained in the taxable person if, at the time of the merger or division, those natural persons or bodies hold an interest of at least five per cent in the dislocated or split-up company, the continuous period that those natural persons or bodies have held that interest, for the purposes of Chapter 2, Section IV, Section B, 4th paragraph, of the Income Tax Act 2001 Act, also taken into account. The first sentence shall apply mutatis mutandis where the shares are awarded by a legal person other than the taxable person in the context of the merger or division.
6 In so far as shares or certificates of equity set up in a company incorporated after 1 January 1998 are being established by virtue of Chapter 2, Article IV, part B, fourth paragraph, first sentence, of the Act of Import Law any person or body referred to in income tax 2001, such shares or securities shall be deemed to be partial to the application of that paragraph at that time during an uninterrupted period of three years by those persons or bodies, are kept.
7 Where at the time immediately preceding an issue of shares or certificates of equity, all outstanding shares or certificates of partial eligibility shall comply with the provisions of Chapter 2, Article IV, Part B, fourth paragraph, of the Importation Act Income Tax 2001 Terms and conditions are the shares or certificates of equity issued with that issue for the purposes of the item B, in so far as they are issued at the time of issue existing shareholders or holders of evidence of participation, deemed to be the case Shareholders or holders of certificates of partial eligibility have been in possession for three years.
8 The fifth paragraph shall apply mutatis mutandis where shares in the taxpayer are obtained in the context of a share merger as referred to in Article 3.55 of the Income Tax Act 2001 .
1 This Decision shall enter into force with effect from 1 January 2001.
2 Article V of Chapter 1 shall apply for the first time for financial years beginning on or after 1 January 2001.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 20 December 2000
Beatrix
The Secretary of State for Finance,
W. J. Bos
Published on the 28th of December 2000The Minister of Justice,
A. H. Korthals
