Netherlands issues updated ATAD 2 Decree that will benefit certain cost-plus situations for US corporations with disregarded Dutch taxpayers

On 3 November 2022, the Dutch State Secretary for Finance published an update of the Decree regarding the application of the Dutch anti-hybrid mismatch legislation as mandated by the European Union’s (EU) Anti-Tax Avoidance Directive 2 (ATAD 2).

The new Decree maintains the guidance included in the (prior) Decree published on 11 October 2021 and includes new beneficial guidance for certain cost-plus situations involving United States (US) corporations with disregarded Dutch taxpayers.