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Dispute Resolution in Shareholder Agreements: Case Study of X BV and Stichting Y

  • Court rules that there is no VAT fiscal unity between X BV and foundation Y
  • Foundation Y cannot impose its will as majority shareholder on X
  • Disputes between shareholders are resolved by an arbitration tribunal according to the shareholders’ agreement
  • X BV argues that there is financial interdependence due to its 51% stake, but the inspector disagrees
  • Court rules that financial interdependence is lacking and foundation Y cannot exercise certain powers without permission
  • Appeal to principle of trust fails, appeal of X BV is unfounded.

Source: taxlive.nl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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