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Structuring

Generally, starting an activity in a foreign country begins with the question, which legal structure should be used? 

Tax optimization plays an important role in choosing the required structure, although commercial goals, conditions and restrictions should always prevail.

Often Netherlands companies are used in acquisition, investment or financing structures. This has mainly to do with the favorable Netherlands tax regulations.

Kiveld will assist you in choosing the optimum structure for your foreign activity.

Note the following areas that need your consideration: 
 
  • Which countries will be involved?
  • Should you use of a local agent or set up a branch or new legal entity?
  • Wich legal vehicles are to be used?
  • Incorporation requirements,  including identification procedures and unexpected delays;
  • Flexibility of the structure, including exit routes and personal protection;
  • Are dividends and taxable gains tax free?
  • Taxable profit, including tax ruling applicability;
  • Profits remittance, withholding tax minimization;
  • Do the applicable tax regulations mandate meeting certain substance requirements?
  • Appointment of managing directors;
  • Employees and employment contracts, governing law, and overriding labor rules.

Compliance obligations

 

Intercompany transactions including transfer price regulations

 

 

 

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