Taxes in Europe Database v2
Law of 12 July 2012 to introduce a tax on banks.
An entity which has its seat in the Netherlands is liable to the Dutch tax on banks if the entity has a license on the basis of the Dutch Financial Supervision Act (Wet op het financieel toezicht) to carry out bank activities in the Netherlands. These entities are supervised by the Dutch Central Bank and can be Dutch banks as well as Dutch subsidiaries within a foreign banking group. An entity with its seat outside the Netherlands but with a branch in the Netherlands might also be liable to the Dutch bank levy. This will be the case if the Dutch branch of a foreign bank has a license on the basis of the Dutch Financial Supervision Act (Wet op het financieel toezicht) to carry out bank activities in the Netherlands and if the Dutch branch of a foreign bank is not supervised by the Dutch Central Bank but by another Central Bank within the European Union or European Economic Area. All these entities are regarded as ‘individual taxable persons’.
If the aforementioned taxable person or persons are included in a consolidated balance sheet drawn up by an entity established in the Netherlands, the latter entity will be liable to the bank levy instead of the individual taxable person (taxable head of a group). The bank levy, however, provides for an escape clause, in absolute and relative terms, in the case the banking activities of the consolidated group are of minor importance. If applicable, only the individual taxable person (or persons) will be liable to tax rather than the group in total conglomerate.
The tax base is the total amount of the – so called - unsecured debts of the bank. These unsecured debts of the bank equal the total amount of equity and liabilities on the balance sheet minus the amount of tier 1 capital, the actually secured deposits under a deposit insurance scheme and the liabilities connected with the assurance activities of the bank.
The taxable amount for individual taxable persons is based on the individual commercial balance sheet. In case a foreign entity is the individual taxable person because it has a branch in the Netherlands, the tax base will be retrieved from the commercial balance sheet of the foreign entity by using the methods set forth in the 2010 Report on the attribution of profits of the OECD.
If the head of a group is based in the Netherlands and is considered as a taxable person then the consolidated balance sheet of the group shall be the starting point of the tax base. Therefore, the equity and liabilities of foreign subsidiaries or foreign branches of a Dutch bank can be part of the tax base.
The tax on banks provides for an exemption of € 20 billion. However, in case the taxable base is lower than € 20 billion the exemption will be equal to this lower amount.
The Dutch tax on banks has two rates. In principle, short term unsecured debts are taxed at a rate of 0.044% and long term unsecured debts at a rate of 0.022%. If, however, a director (bestuurder) of a taxable person receives a variable remuneration, (the part of a remuneration which depends on the achievement of targets or the occurrence of events) that is more than 25% of his/her fixed remuneration, both rates are multiplied by a factor of 1.1 (and will become 0.0484% respectively 0.0242%)
The first day of the tenth month after the date to which the balance sheet or the consolidated balance sheet refers.
Dutch tax and customs administration.