Articles
Our articles on this page discuss relevant issues and recent developments. If you are looking for a specific topic, please use the search function or filter.
A tenant’s obligation to operate business premises: legal obligation or bargaining point?
When renting business premises, not only the amount of the rent and the duration of the contract play an important role, but also whether the lessee is obliged to actually operate the leased business premises. This so-called obligation to operate can have far-reaching consequences for both the landlord and the tenant of the business space. What exactly does this obligation entail, and under what circumstances can it be enforced or called into question?
Pitfalls for directors and supervisory directors in a leveraged buyout
In a leveraged buyout, shares are largely acquired with borrowed capital, which entails considerable risks. Directors and supervisory board members must carefully weigh up the pros and cons. Read on to find out how they can tackle these challenges.
Director’s liability for breach of obligation under purchase agreement to deliver crane
The Rotterdam court has ruled in an important verdict that a director is personally liable for €250,000 for non-fulfillment of a purchase agreement and frustrating possibilities for recourse. Discover the legal nuances and the application of the Beklamel standard in this article.
Lifting of pledge ban
A very large percentage of SMEs (figures 2022; 82%) have financing from a bank. Naturally, a financing bank wants security that the credit provided will be repaid. An important form of security is the provision of a pledge on trade receivables.
Is your personnel handbook up to date?
As an employer, it is important to record all internal rules within your company in a personnel handbook. Even if you only have a few employees, it is important to clarify what you do or do not accept within your company. Therefore, make sure you have a personnel handbook or regulations that includes your terms and conditions of employment and rules of order. This will prevent discussions and problems.
External entrepreneurship is fully taken into account when assessing pseudo self-employment
The Supreme Court has made an important ruling on the employment relationship between Uber and its drivers. This ruling has far-reaching consequences for self-employed people without employees and the question of whether they are truly self-employed or pseudo self-employed.
A declaration of intent; rights and obligations
How binding is a clause in a letter of intent stating that rights and obligations only arise once a signed agreement has been concluded? Not always binding, as it turns out.
The letter of intent in a business takeover
A business takeover ultimately involves concluding a purchase agreement. A whole process precedes this. In the preliminary phase, it is possible to conclude a letter of intent. In this article, I will tell you more about this.
New regulation VAT supplements applicable as of January 1, 2025
From January 1, 2025, a new obligation will apply with regard to VAT supplementations: if it is found that too little VAT has been declared and paid, this must be corrected within eight weeks by submitting a VAT supplementation to the Tax Authorities. This significantly tightens the replenishment deadline, or at least there is less room for ambiguity. Failure to comply with the replenishment obligation may result in the imposition of fines. In the case of intent or gross negligence, there may even be a fine of up to 100%.
Breakthrough; corporate tax interest is unreasonably high, here’s what you can do.
On 7 November 2024, the North Netherlands Court ruled that a tax interest rate of 8 per cent on a 2021 assessment is not reasonable. This landmark ruling opens up new opportunities for taxpayers who have faced high corporate tax interest rates. What does this ruling mean specifically for you, and what steps can you take now?
Preliminary questions Supreme Court: Rent price change clause
On November 29, 2024, the Supreme Court gave a preliminary ruling on a rent modification clause in rental agreements with consumers. The Supreme Court answered the question of whether in the liberalized rental sector a rent modification clause with a surcharge of up to 3% (storage clause) in addition to an indexation clause is unfair.
Action on taxation in box 3
As we all know, there has been a lot of recent movement on box 3 taxation. Box 3 primarily taxes savings, investments and real estate. The assets in this box were previously taxed on the basis of a flat rate of return: the tax authorities set an assumed percentage, regardless of the actual return. This meant that many taxpayers paid taxes on a return they had not actually received. You may also have overpaid taxes in the past. If so, chances are you may be eligible for legal redress!
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