WHERE TO KEEP TAX DATA UNDER THE LAWS OF THE NETHERLANDS ANTILLES?
No specific restrictions
For Netherlands Antilles tax purposes and according to the General Ordinance on National Taxes (this law contains general rules applicable to the income tax, wage tax, profit tax, ship registration tax, conveyance tax, inheritance and transfer tax, ground tax, turnover tax (SXM) and sales tax) there are some statutory requirements for keeping documents but there are no specific restrictions as to keep them within the Netherlands Antilles.
A company is obliged to supply the Inspector of Taxes (on his request) with data and information which is or can be significant for the levy of taxes from itself. All data carriers or its content, with regard to the aforementioned, have to be made available on request of the tax inspector. The period that this information has to be available for the tax inspector is not determined in the tax law. The tax inspector has the authority to decide within which period this information has to be available. If it is not possible to make copies the inspector is allowed to take the data carrier with him for a short period of time.
If the data carriers of a company are at the location of a third party then such party is also obliged to make all data carriers that can be significant for the levy of taxes from the person or company available on request of the tax inspector. The tax inspector decides within which period this information has to be available.
If a company owns direct or indirectly at least 50% of the shares or has a say in another company then the first mentioned company is also obliged to make the data, information and all data carriers that can be significant for the levy of taxes from that other company available on request of the tax inspector. The aforementioned is also applicable in cases where two or more natural persons or companies enter into a collaborative arrangement and have together at least 50% of the shares or a say in a company. The rule is that the tax inspector is free to decide within which period this information has to be available. The administration must be kept for 10 years.
Karel Frielink
Attorney (lawyer) / Partner
