Netherlands: Ahead of Tax & Legal Conference

11.10-11.55

The end of the race to the bottom: Pillar Two becomes reality

Toward the end of last year, the EU reached agreement on its Pillar Two Directive, leaving a year for member states to implement the GloBE rules into domestic law. Other jurisdictions are also starting to implement the GloBE rules, and the OECD released its guidance regarding safe harbours and penalty relief, as well as public consultations on the GloBE information return and tax certainty for the GloBE rules.
Now that the focus is shifting from policy to implementation, the real work of preparing for Pillar Two has begun. This panel will discuss a number of case studies to explain some interesting options to qualify for the safe harbour rules and to mitigate the impact of Pillar Two after the safe harbour rules stop applying.

Our moderator

Is global formulary apportionment on the horizon? What you need to know about Pillar One

This panel will provide a refresh on the building blocks of Pillar One, discuss in detail the recent Pillar One consultation documents on Amount B, digital services tax and similar measures, and address what happens if there is no global adoption of Amount A.

Our moderator

Virtual reality and real-life consequences: taxes and law in the metaverse

If you want to do business in the metaverse, you will have to deal with some legal and tax challenges. How do you protect your brand and intellectual property in the metaverse? Are your contractual agreements fit for purpose for new and existing partnerships? How do you invoice for virtual products delivered, and where do you pay taxes on those real revenues from a virtual world? In this session, this panel will guide you through the tax and legal aspects of doing business in the metaverse and dealing with cryptocurrencies and non-fungible tokens.

Our moderator

No office, no problem: considerations of working from anywhere

The COVID-19 pandemic is almost in the rear-view mirror, but some changes are here to stay. Having experienced mandatory “working from home” during the pandemic, employees now expect to have this option made available to them permanently. The panel will discuss the tax implications of remote work, including permanent establishment considerations, employer withholding tax obligations, corporate income tax and apportionment issues. We will also present real-life, practical advice for companies establishing or increasing their remote workforce, such as best practices and guidelines that every company should institute as they adapt to their “next” normal.

Our moderator

The road to advanced certainty and relief from double taxation — the impact of the changing landscape

With the growing complexity of the global tax environment and a rapid increase in transfer pricing controversies, advance pricing agreements (APAs) are becoming even more important as a transfer pricing risk mitigation tool. Likewise, the availability of Mutual Agreement Procedure (MAP) relief is key to the overall tax strategy. How does the changing transfer pricing landscape impact the APA and MAP process? Several years into CBCR and BEPS, and with Pillar One on the horizon (or not), it is time to take stock of what corporate taxpayers may expect by sharing the most recent experiences and discussing the trends we see emerge.

Our moderator

Tax dispute resolution: burden of proof in transfer pricing disputes

Transfer pricing disputes are on the rise. For many multinational companies, transfer pricing continues to be their top audit risk. Transfer pricing disputes are among the most complex, impactful and time-consuming controversies in tax. But when it comes to a transfer pricing dispute, who carries the burden of proof and what role does TP documentation have in this regard? This panel will share recent Dutch audit and litigation experience and the – yet untested – approach taken by the Dutch tax authorities trying to shift the burden of proof to taxpayers in transfer pricing disputes.

Our moderator

Challenges from every angle: from beneficial ownership to unshelling, will your corporate structure pass the test?

Making a corporate structure future-proof has become very complex as tax developments are playing a growing role when a corporate structure is designed. Examples of such developments include the proposed ATAD 3 Directive, which aims to curtail the use of legal entities in the EU with no or minimal substance and economic activity (so-called “shell entities”), although also affecting valid investment-driven structures. Secondly, the so-called Danish cases of the CJEU have led to increases scrutiny of passive income streams across the EU. Moreover, there is an increasing audit focus from the tax authorities. This panel will examine which corporate and financing structures are currently most at risk of being scrutinised. It will also examine the best practices in corporate reorganisations, such as legal entity and financial instrument rationalisations.

Our moderator

14:15 – 14:55

What is your legal path to net-zero?

What legislation will you face on your way to net zero? How will you comply with and report under ESG legislation, and how can you mitigate litigation risk? Eva-Maria, William-James and Heleen share their views and insights on the legal path the race to net-zero will take.

Our speakers

15:20 – 16:00

How does the legal sustainability framework for real estate impact your business?

In the race to net-zero, the real estate industry will play an important role. The government’s net-zero target and the measures it intends to take to achieve and enforce it mean that developers, lenders and occupiers will be forced to change. In an industry that has traditionally been “business as usual,” this will have an impact by 2050. Paul Goedvolk and Fedor Tanke and give you the inside scoop on the key components of the legal sustainability framework for the real estate (finance) industry, how they impact your business, how they interact and why they’re a big deal for the real estate and finance industry.

Our speakers

16:05 – 16:45

ESG-related compliance and class actions

The race to net-zero and other ESG-related compliance requirements will lead to an increase in the number of class actions as investors, consumers and other stakeholders examine what companies are actually doing in light of existing and new ESG obligations. As the Netherlands is a popular forum for international class actions, many of these ESG-related class actions will be filed in the Dutch class action register. Frank Kroes and Sjef Janssen will share their knowledge and experience with litigation related to ESG and climate change, and class actions in the Netherlands.

Our speakers

14:15 – 14:55

Understanding the value of data and compliance with regulations

Accelerating technologies not only use but also generate large volumes of data. While the legislative focus has long been on personal data protection, since recent years lawmakers are also recognizing the importance of access to and reuse of non-personal data for technological developments. Nathalja Doing and Remke Scheepstra will guide you through the legal developments of collecting, processing and sharing data internationally.

Our speakers

15:20 – 16:00

Managing complex, international legal projects

At Baker McKenzie we are at the forefront of legal project management, believing a structured approach to complex matters results in increased efficiency, cost certainty and the ability to meet challenging deadlines. Our global team of legal project managers covers all regions and practice groups, and works alongside our lawyers, tax specialists, notaries and economists to provide innovative and practical support to client projects. They design and implement delivery solutions and drive efficiencies through better scope definition and process design, matter management, bespoke fee reporting and the deployment of advanced technology platforms. Laura Rietvelt and Patricia Hofsteenge share with you their experience managing complex, international legal projects.

Our speakers

16:05 – 16:45

Virtual Reality, Real Life Consequences — The metaverse: law and taxes

If you want to do business in the Metaverse, you must deal with some legal and tax challenges. How do you protect your brand and intellectual property in the Metaverse? Are your contractual agreements in order for new and existing partnerships? How do you invoice for virtual products delivered and where do you pay taxes on those real revenues from a virtual world? Benjamin van Kessel van de Berg will guide you through the legal and tax aspects of doing business in the Metaverse and dealing with cryptocurrencies and NFTs.

Our speakers

14:15 – 14:55

What does the new world of work mean for you as an employer?

Flexibility is the currency in the new world of work. Both employers and employees want to take advantage of the opportunities offered by innovation, changes in work culture and demands of the workforce. What does this workforce redesign mean for an employer? And how can you manage the international tax risks? Danielle Pinedo and Michiel Kloes enlighten you on any blind spots you might have with complex labour, tax and compliance issues.

Our speakers

15:20 – 16:00

The Future of Diversity in the Legal Context – Developments & Impact of legislation supporting the ID&E agenda

While the awareness and acceptance of the business critical reasons for Inclusion, Diversity and Equity is now part and parcel of the strategy of many multi-nationals, legal developments that support the ID&E agenda are emerging at a fast pace. Our panel will discuss topics such as legislative developments in a variety of areas including health & safety legislative developments to support psychological safety, whistleblower legislation, non-biased recruitment legislation developments and diversity quotas to name a few. In addition, we will discuss emerging trends that can be distilled from recent jurisprudence.

Our speakers

16:05 – 16:45

How will these international M&A trends affect your business?

Baker McKenzie is a transactional powerhouse with more than 2,500 corporate lawyers in over 46 countries. Mo Almarini, Koen Bos and Megan Ruigrok work on cross-border transactions on a daily basis and will share their views with you on M&A trends and the expected impact of such trends on deals. We have also invited one of our clients who is experienced in doing cross-border deals to provide you with the corporate perspective on the topic.

Our speakers

14:15 – 14:55

Sanctions and geopolitical uncertainty are the “new normal” — how to deal with them?

As countries, blocs and regions seek to advance their foreign policy and national security goals, the global sanctions compliance landscape is becoming increasingly complex. Paul Amberg and Derk Christiaans will give you an international perspective on the legal and practical consequences of global sanctions regimes and the impact on your business.

15:20 – 16:00

The impact of volatile market developments on intra-group cash management

Recently, there has been a global pandemic, a war that has severely impacted the world economy, and inflation and interest rates that have impacted global businesses. These drastic changes in market conditions have meant that intra-group cash management is currently high on the agenda for multinational companies. As market conditions directly impact current and new cash management structures, the cash management function must be supported by various disciplines (legal, tax, transfer pricing) in ditto jurisdictions to manage the complexity of these structures on a global scale. In their presentation, Corinne Schot and Andre Dekker will therefore take a holistic look at current trends in cash management.

16:05 – 16:45

Closing the deal is just the beginning! Delivering a successful integration

Increasing globalization and economic uncertainty have created a much more demanding and competitive marketplace while shareholders continue to pressure companies to increase their returns. Change through successful integration and reorganization can often ensure a business is fully equipped to meet these challenges. However, the hard truth is that many businesses never reap the intended benefits as transformations often fail to make the leap from planned strategy to effective execution. Gillis Kempe. Hub Stolker and Harald van Dobbenburgh have been guiding clients through these transformations for years to ensure they meet their intended objectives, and will share their insights during this session.

Our speakers