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Unformatted text preview: the ultimate parent company to test for the presence of indirect non-qualifying shareholders. The negatively worded test in article xxix a(2)(e) is contrary to the affirmatively worded test in article 26(1)(d)(i) of the us-Netherlands treaty.24 under the literal wording of the us-Netherlands treaty, a taxpayer may include as qualifying persons for the purposes of the ownership and base-erosion tests entities that have themselves met the ownership and base-erosion tests, without the need to look further.25 Official commentary that accompanies the us-Netherlands treaty takes the position that a literal reading of article 26(1)(d)(i) is not intended, although a contrary stance is taken in later 24 The Convention between the united states of america and the Kingdom of the Netherlands for the avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on income, signed at Washington, DC on December 18, 1992, as amended by the protocols signed on October 13, 1993 and March 8, 2004 (herein referred to as “the us-Netherlands treaty”). 25...
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This note was uploaded on 11/03/2013 for the course ACCOUNTING 346 taught by Professor William during the Fall '12 term at DeVry Chicago.

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