Zembla-uitzending 'Nederland belastingparadijs' nader beschouwd (A Closer Look at the 'Zembla' Documentary 'The Netherlands : a Tax Haven')

In 2011, the Dutch television program 'Zembla' reported on the use of the Netherlands tax system in international tax structures. This article analyses some of the claims of this documentary describing the use of (Dutch) conduit companies by foreign MNEs and HNWIs. It will become clear that the term 'tax haven' ('belastingparadijs') lacks a uniform definition. Nevertheless it is possible to distinguish three tax considerations for the use of conduit companies. Furthermore, the authors review statistical data to gain insight into number of conduit companies established in the Netherlands and the impact on FDI. Finally, the authors discuss the implications of the use of conduit companies for all states concerned