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.
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!
The Environment Act & Disadvantage Compensation (part 2) The reference date and (planning) comparison
As of Jan. 1, 2024, the Environment Act will be in effect. With its entry into force, it has been said that the largest legislative operation has been completed since the introduction of the Dutch Constitution law in 1848. Several previously existing separate laws and regulations have been combined into one law and four Orders in Council with the Environment Act. With a legislative operation of such magnitude, of course (principle) choices are made that bring about a change from the previously applicable law. So too in the context of the Environment Act.
What are the options and points of attention when subletting business space?
For tenants of business premises, it may make sense to (partially) sublet the leased business premises. The tenant then also becomes a sublessee. Is this allowed?
Prevent an earn-out from becoming a burn-out
An earn-out can benefit both seller and buyer, but it also carries risks. This article shows how an earn-out arrangement can help with uncertainties surrounding a business sale, but also how it can lead to conflict if there are no clear agreements. Find out how to avoid problems and draft a well-crafted earn-out arrangement to avoid misunderstandings and achieve optimal results for both parties.
Dismissal of directors of foundations: new risks and opportunities under the WBTR!
With the introduction of the Management and Supervision of Legal Persons Act (WBTR), the legislature has taken important steps to improve the management and supervision of foundations. One of the most notable changes concerns the expansion of the grounds for dismissal for directors of foundations. In this article, we discuss the new statutory regulation, illustrate the regulation with a practical example, and explain the implications for directors and stakeholders.
Directors’ liability after turboliquidation
In a recent court case concerning turboliquidation of a catering business, the court ruled that the directors were not personally liable. The case involved the discontinuation of the business without assets, with creditors being paid pro rata. The landlord claimed unlawfulness, but the court held that the turboliquidation had been carried out correctly with no obligation of bankruptcy.
Director’s liability for tax debts
Directors of troubled companies are usually aware that acts performed in the face of bankruptcy (if it comes to that) will be examined by a receiver. Unobligatory legal acts that have harmed creditors may be reversed by the trustee.
Breaking off negotiations: what about liability?
What happens when negotiations suddenly break down? Find out when this may be unlawful and whether you are entitled to compensation for costs incurred.
My debtor won’t pay
Being right and being right are two different things, it is sometimes said. This is not entirely true, but it indicates that a court ruling is far from always considered satisfactory.
Qualifying employment contract: employee or not after all?
With the Deliveroo judgment of March 2023, the Supreme Court has once again given the practice more clarity on the qualification of the employment contract. Since that ruling, of course, various case law has again been rendered on whether there is an employment contract or yet another type of contract.
Commercial contracts: ‘the assignment contract’ (series 5/5)
In this final article of the 'Commercial Contracts' series, Gentia Niesert, attorney at contract law, discusses the ins and out of 'the assignment agreement’. How does it differ from the building contract and the employment contract, and what provisions do you find in an assignment agreement?
A dynamic incorporation clause remains in place during a transfer of an enterprise
A dynamic incorporation clause relating to a collective bargaining agreement is an agreement in the employment contract whereby the provisions of a collective bargaining agreement, as they will read from time to time (hence the term dynamic), are declared applicable to the employment relationship.
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