On December 16, 2025, The Netherlands Parliament approved the Second Amendment to the Minimum Tax Act to implement aspects of the December 2023, June 2024 and January 2025 OECD Administrative Guidance.
These amendments also apply to the Islands of Bonaire, Sint Eustatius, and Saba (the ‘BES Islands’).
The main change relates to Article 3.3 of the December 2023 Administrative Guidelines. This states that if a non-consolidated group entity has a different reporting year than the ultimate parent entity, the effective tax rate is calculated based on the financial reporting period that ends during the reporting year of the ultimate parent entity.
This is included in the December 2025 Amending Law in an amended Section 6.1 and will apply to reporting years commencing on or after December 31, 2025.
Amended Section 8.8(6) in the December 2025 Amending Law also applies the Rules in Article 2.3.3 of the December 2023 OECD Administrative Guidance relating to adjustments to Qualified Financial Statements/Dividend Mismatches for the Transitional CbCR Safe Harbour. This also applies to reporting years commencing on or after December 31, 2025.
The December 2025 Amending Law includes a number of amendments and additions arising from the June 2024 OECD Administrative Guidance. The table below shows an overview of the provisions. Most of the amendments are retrospective and apply from December 31, 2023 – as noted below.
| Provision | Law | Effective Date |
|---|---|---|
| Aggregate Deferred Tax Liabilities Category basis (Article 1.2.1) | 7.3 December 2025 Amending Law – rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Exclusion of certain types of General Ledger accounts and separate tracking (Article 1.2.1) | 7.3 December 2025 Amending Law – rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Exclusion of General Ledger accounts that generate standalone Deferred Tax Assets (Article 1.2.1) | 7.3 December 2025 Amending Law – rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Exclusion of swinging accounts and separate tracking (Article 1.2.1) | 7.3 December 2025 Amending Law – rules to be issued | Reporting years beginning on or after December 31, 2023 |
| FIFO/LIFO Basis (Article 1.2.2) | 7.3 December 2025 Amending Law – rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Aggregation of Short-term DTLs (Article 1.2.3) | 7.3 December 2025 Amending Law – rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Reversal of DTLs that accrued before the Transition Year (Article 1.2.2) | 7.3 December 2025 Amending Law – rules to be issued | Reporting years beginning on or after December 31, 2023 |
| 5 year unclaimed accrual election (Article 1.2.2) | 7.3 December 2025 Amending Law – rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Recalculated deferred tax where GloBE carrying value differs from accounting carrying value (Article 2.1.2) | 6.6a/7.3 December 2025 Amending Law | Reporting years beginning on or after December 31, 2025 |
| Rules for allocating cross-border, current taxes under a cross-crediting corporate tax system: 4 Steps (Article 3.1.3) | 7.5 December 2025 Amending Law – Rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Extension of the Substitute Loss Carry-forward DTA to PEs, hybrids and reverse hybrids (Article 4.1) | 7.5 December 2025 Amending Law – Rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Five-Year Election to exclude the allocation of all deferred tax expenses and benefits to CFCs, PEs, Hybrids and Rev Hybrids (Article 4.2.2) | 7.5 December 2025 Amending Law – Rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Exclusion of deferred tax assets or liabilities arising under a Blended CFC regime from transition rules (Article 4.2.3) | 7.5 December 2025 Amending Law – Rules to be issued | Reporting years beginning on or after December 31, 2023 |
| Determining GloBE status when a Flow-through Entity is held directly by another Flow-through Entity (Article 5.2.2) | 1.2(1) December 2025 Amending Law | Reporting years beginning on or after December 31, 2023 |
| Non-group owners: Partially owned Flow-through Entities (Article 5.3.2) | 6.14 December 2025 Amending Law | Reporting years beginning on or after December 31, 2023 |
| Non-group owners: Indirect minority ownership (Article 5.3.5) | 6.14 December 2025 Amending Law | Reporting years beginning on or after December 31, 2023 |
| Taxes allocated to a flow-through entity (Article 5.4.2) | 7.5 December 2025 Amending Law | Reporting years beginning on or after December 31, 2023 |
| Hybrid entities – Taxes pushed down include indirect owners (Article 5.4.2) | 1.2(1) December 2025 Amending Law | Reporting years beginning on or after December 31, 2023 |
| Hybrid entities – Entities located in jurisdictions without a Corporate Income Tax system (Article 5.5.4) | 1.2(1) December 2025 Amending Law | Reporting years beginning on or after December 31, 2023 |
| Extension of taxes pushed down to include Reverse Hybrids (Article 5.6.2) | 7.5 December 2025 Amending Law | Reporting years beginning on or after December 31, 2023 |
Note that an amendment to Section 6.6a applies to impairments. It provides that an impairment in general has no impact on the book value of the assets and liabilities used for GMT purposes. However, if the impairment leads to a carrying amount for financial reporting purposes that is lower than the GloBE carrying amount, the lower book value should be used for GloBE purposes.
This applies to reporting years beginning on or after December 31, 2025.
The amended Section 14.1 of the December 2025 Amending Law includes the deferred tax recognition amendments to Articles 9.1 of the GloBE Rules in the January 2025 OECD Administrative Guidance (including the grace period for DTA reversals). The consequential amendments to the Transitional CbCR Harbour (Section 8.8) are also included. Thee apply to reporting years commencing on or after December 31, 2025.
For detailed information on the application of the GloBE Rules in the Netherlands, based on the latest 2025 Law, see our:
Netherlands: GloBE Country Guide
OECD Administrative Guidance: Domestic Implementation Matrix
Transitional CbCR Safe Harbour: Domestic Implementation Matrix
This website is not affiliated with or related to the OECD. We provide independent insights and analysis on the OECD Two-Pillar Solution
© 2025 OECDPillars
All Rights Reserved
