SPECIALIST

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PROF. DR. HANS VAN DEN HURK

Phone

+31 6 204 385 68

Email

hurk@cygnustax.com

Website

https://www.cygnustax.com

Specialism

European Law, Fiscaal Recht, Mediator

Bio

Hans van den Hurk is a part time but full university professor at Maastricht University where he lectures international tax law and international tax policy. Hans runs an international tax practice via Cygnus Tax BV and an international tax controversy practice (together with Frank Herreveld) via HerreveldvandenHurk BV.  He is also a member of the Dutch Organisation for Tax lawyers (NOB), International Fiscal Association and the European Association of Tax Law Professors. Amongst his clients are US, French, German and multinationals but also several (developing) countries. He can be reached via a.o. hurk@cygnustax.com

Professional Background

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  • Tax litigator, international tax strategy specialist

  • Parttime Full University professor in International Tax Law at Maastricht University

  • Guest Lecturer at several universities around the globe (a.o. NL, UK, Taiwan)

  • Member NOB Section European Law

  • Correspondent IBFD’s Bullletin for International Taxation

  • Correspondent Weekblad voor Fiscaal Recht

  • Member IFA

  • Regular speaker at FEE, CFE, NOB, LicentAcademy

  • Chair for CFE, OECD G20 (Istanbul), TPA


Notable Engagements

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  • European Court of Justice Cases where I was in the lead.

  • CJEU C-494/03 Client Senior which actually led to the abolishment of capital taxes in the Netherlands

  • CJEU C-41/13 Client MSA This case expanded the application of the Dutch fiscal unity rules

  • Several CJEU cases where I helped parties creating their line of defence including pre-judicial questions on various topics to the CJEU, including State Aid cases


Dutch cases

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  • Several cases (some still pending) where the Dutch tax administration approaches existing offshore structures with future international tax principles

  • Cases regarding existence of PE’s and cases regarding profit allocation


Non-Dutch cases

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  • Non acceptance of treaty provisions by Spain, Portugal and Italy based on anti-abuse provisions, all withholding taxes

  • Case regarding the capital contribution in Germany for a French bank


Mediation

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  • For a Dutch client in relation to an offshore entity which controls APAC companies which develop and produce a specific chemical product.