Financial Holding company

[Maria.k]

How we can recognize,Is er sprake van een houdstermaatschappij in de zin van artikel 20, lid 4 en 6 Vpb zoals dat artikel luidde op 31 december 2018?

[Hans van den Bergh]

Can you elaborate on your question? A bit more context would be welcome to be able to help you.

[Maria.k]

Dear Hans,Thanks for your comment.

If a financial  holding  B.V has 100 percent share of a working B.V but in  a fiscal year didn't make any payments to working B.V and the holding activity stopped for example because of Covid limitation.

 

This financial holding company when want to fill out corporate income  tax  return in holding activities and the like section how to have answer this question?

 

Is er sprake van een houdstermaatschappij in de zin van artikel 20, lid 4 en 6 Vpb zoals dat artikel luidde op 31 december 2018?

 

yes or no?

[Joost Rietveld]

Did you mean to say that the management activities ended? In which case you can answer no to the question about the art. 20 of this was only temporarily.

 

Because if the holding activities have ended, that would mean that the holding BV has sold the shares in the working BV. I guess the latter isn't the case...

[Maria.k]

Dear Joost,Thanks for your answer.

The  holding  still has management activity and 100 percent shares of B.V just in a determined financial year there was no any payment or support from financial holding to Working  in fact the activities of working also was so limit because of covid limitation.

 

I assume with your above explanation I have to answer yes to question because the  financial holding still has management activities.  Is it right?

 

[Joost Rietveld]

It's the other way around. Article 20 describes a holding company with no other activities other then owning shares in one or more subsidiaries.

 

Since in this particular year your holding performed no management duties due to vivid circumstances, you can answer the question with no.

 

Yes it's the answer if just holding activities are a permanent in thing

[Maria.k]

Thanks then we will answer no.

There 's another matter, the participation has not been  incorporated in a fiscal unity with the taxpayer in this financial year also Net benefits from the participation is negative  but when  i put the negative amount in Nettovoordelen uit de deelneming  of deelnemingen section in   corporate income tax return  in the Overview of taxable profit section ,participation exemption is Same negative amount and taxable profit is the same positive amount, it calculate this amount as benefit and ask the tax on it.

I don't know waht's a matter ?what's my mistake?

[Joost Rietveld]

Hi Maria

 

if the result  from the daughter company is negative, then it is not tax deductible for the parent company. The "deelnemingsvrijstelling" (usually) only applies for positive results from the daughter company.

 

 

[Maria.k]

Hi Joost,

 

your meaning is,  shouldn't i put any amount in  Nettovoordelen uit de deelneming  of deelnemingen section as  the result  from the daughter company is negative?  

[Maria.k]

I put negative amount but in the final calculation on system ,it calculated as benefit  with taxable amount  also holdings and it's  daughter company didn't incorporated in a fiscal unity and each one will send separate tax declaration . I can't understand why system calculate it as benefit.

 

[Joost Rietveld]

3 uur geleden, Maria.k zei:

shouldn't i put any amount in  Nettovoordelen uit de deelneming  of deelnemingen section as  the result  from the daughter company is negative

No, you should

[Joost Rietveld]

3 uur geleden, Maria.k zei:

calculated as benefit  with taxable amount

That's correct, providing you have deducted the same amount in the P&L under results from subsidiaries (resultaat uit deelnemingen)

[Maria.k]

Thanks Joost,

 

In which section , can I deduct this  amount ?Fiscal profit or increase an decrease section?

 

could you please clarify which item?

 

[Joost Rietveld]

In the P&L, Winst en verliesrekening in Dutch

[Maria.k]

Thanks, when i Put this negative amount in P&L,I get this warning in fiscal winst page 

 

Het totaalbedrag bij Saldo fiscale winstberekening (€ ...) is niet gelijk aan het bedrag bij Winstberekening volgens Winst-en-verliesrekening (€ -...).
Controleer de bedragen die u eerder in de aangifte hebt ingevuld.

 

The holding and it's daughter company didn't incorporated in a fiscal unity and each one will send separate tax declaration therefore the loss of daughter isn't in holding balance sheet.

 

I assume it cause the difference between amount in fiscal winst

[Joost Rietveld]

That could have numerous causes, from here I can't help to figure this out for you