SPECIALIST

PROF. DR. HANS VAN DEN HURK

Phone

+31 6 204 385 68

Specialism

European Law, Fiscaal Recht, Mediator

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.

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