Participation exemption
The participation exemption will apply to a shareholding in a Dutch company if the
holding is at least 5% of the investee’s capital, provided the conditions are met.
As a general rule, the participation exemption is applicable as long as the participation
is not held as a portfolio investment. The intention of the parent company, which can
be based on particular facts and circumstances, is decisive. Regardless of the company’s
intention, the participation exemption also is applicable if the sufficient tax test (i.e. the
income is subject to a real profit tax of at least 10%) or the asset test (i.e. the subsidiary’s
assets do not usually consist of more than 50% of portfolio investments) is met.
For portfolio investment participations not qualifying for the participation exemption,
double taxation will be avoided by applying the tax credit method, unless the portfolio
investment shareholding effectively is not subject to tax at all. For EU shareholdings, it is
optional to credit the actual underlying tax.
Dividends not qualifying under the participation exemption are taxable in full at the
ordinary CIT rate