The transfer of operations within a corporate group
Recently, the Court of Appeal in The Hague issued a ruling on the question of whether recourse may be frustrated by the transfer (“reallocation”) of activities by one group company to another group company.
Accountant’s liability for advice on group structure
The Arnhem-Leeuwarden Court of Appeal recently handed down a ruling on the liability of an accountant for advice on a group structure. Can an accountant (in this case it concerned an accountant, but it also applies to other advisors) be liable to bankruptcy creditors as a result of the advice he provided to the bankrupt company?
Limitation period for spouse’s power to annul legal acts performed without consent
For certain legal acts, one spouse needs the consent of the other spouse. If this consent is not given, the other spouse can annul the legal act. In short, this applies to decisions regarding the family home, gifts, providing security (such as a guarantee) and hire purchase.
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.
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?
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!
