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Germany - Netherlands tax treaty

A practical treaty page built around the official treaty text, key withholding categories, permanent-establishment rules, and article-level summaries.

Signed

2012-04-12

Effective

2016-12-01

Articles seeded

6

Withholding snapshot

Dividends

Individual rate: 15% · Corporate rate: 5%

The lower 5 percent corporate rate generally depends on direct-ownership thresholds. EU Parent-Subsidiary Directive provides zero treatment in qualifying intra-EU fact patterns subject to anti-abuse rules.

Interest

Rate: 0%

The treaty generally results in zero source-country withholding on qualifying interest.

Royalties

Rate: 0%

The treaty eliminates source-country royalty withholding under the article.

Permanent establishment

Construction threshold: more than 12 months

Dependent-agent analysis follows OECD model wording.

Other treaty flags

Pensions: split
Protocols: 2021-04-01
Exchange of information: Yes
Student article: Yes
Teacher article: No

Pension treatment is article-specific. The treaty includes detailed pension provisions for cross-border frontier workers.

Seeded article summaries

Article 4

Residence

Defines treaty residence under the modernized 2012 OECD-aligned wording.

Article 4 follows the modern OECD model. The 2021 protocol updated several anti-abuse provisions.

Article 5

Permanent Establishment

Sets the business-presence threshold with a 12-month construction rule.

The 2012 treaty uses the standard 12-month construction-site threshold.

Article 7

Business Profits

Generally reserves business profits to the residence state in the absence of a PE.

Article 7 follows the OECD's authorised-approach to profit attribution.

Article 10

Dividends

Caps source-country dividend withholding at treaty ceilings, with EU Directive interplay.

Article 10 produces the 15 percent and 5 percent treaty ceilings. The EU Parent-Subsidiary Directive provides parallel zero treatment in qualifying cases subject to anti-abuse provisions.

Article 11

Interest

Generally removes source-country withholding on qualifying interest.

Article 11 typically eliminates source-country withholding.

Article 12

Royalties

Generally removes source-country withholding on qualifying royalties.

Article 12 eliminates source-country royalty withholding under the article.

Official text

Other treaties involving these jurisdictions

Computed from the cross-reference graph. Links open the related entity on this site.

Primary sources

Important disclaimer

This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.