The LOB Provision in the New Japan–Netherlands Tax Treaty

Journal
Hofland, D.; Pötgens, F.P.G.
Japan; Netherlands
European Taxation 2011 (Volume 51), No. 5
Format/Price
JournalUSD 45

In this note, the authors review the compatibility of the limitation on benefits provision of the Japan–Netherlands tax treaty with the OECD Model Tax Convention and the non-discrimination provisions and fundamental freedoms of the Treaty on the Functioning of the European Union, and conclude that it is clearly in conflict with a number of essential EU law provisions.