Netherlands
Dutch corporate law permits inbound and outbound re-domiciliations and cross-border mergers if the jurisdiction on the other side is an EU Member State or EEA State; re-domiciliations and cross-border mergers are not permitted in relation to third States.
Cross-border mergers of Dutch resident entities to third States may nevertheless be achieved by means of two-step cross-border mergers via, for example, Luxembourg. But the tax treatment of such two-step transactions is outside the scope of this publication.
The following section covers the Dutch tax treatment of re-domiciliations and cross-border mergers only to the extent undertaken within the EU/EEA. In this context, the Dutch tax consequences will be dependent on whether a Dutch PE is retained.
The following Q&As cover the tax treatment first of re-domiciliations and then of cross-border mergers, in each case for inbound and outbound movements.
KEY CONTACTS
![]() Henk van Ravenhorst Partner [email protected] |
This material is provided for general information only.
It does not constitute legal or other professional advice.