International Financial Law Prof Blog

Editor: William Byrnes
Texas A&M University
School of Law

Thursday, May 14, 2020

to prohibit the use of tax flow-through entities and the provision of trust services to high-risk third countries and EU Blacklisted jurisdictions

Loyens & Loeff writes that the Netherlands government proposal entails the following prohibitions:

  1. The prohibition to facilitate the use of a flow-through entity, which currently is one of the trust services under the Wtt 2018.
  2. It will be prohibited to enter into a business relationship or provide a trust service in case a client, object company or the UBO of a client or object company resides in or has its seat in (a) a high-risk third country or (b) a non-cooperative jurisdictions for tax purposes. The original list of high-risk third countries adopted by the European Commission may be found here, more countries were added to the list in October 2017December 2017 and July 2018. A list of non-cooperative jurisdictions for tax purposes is kept by the EU Council and can be found here.

Proposals in Dutch from Dutch Ministry here

https://lawprofessors.typepad.com/intfinlaw/2020/05/to-prohibit-the-use-of-tax-flow-through-entities-and-the-provision-of-trust-services-to-high-risk-th.html

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