Important judgment on tax classification of financial instrument

On May 17, 2024 the Dutch Supreme Court rendered an important judgment on the tax qualification of a financial instrument that was issued by a company established in France in 2007. It concerned the ‘obligation remboursable en actions’ (hereinafter: ORA). The question was whether the instrument had to be regarded as equity (capital) or debt capital (loan) for the purposes of the Corporate Income Tax Act 1969. Although the dispute focused on the question whether the costs related to the issue of the instrument were allocable to a Dutch permanent establishment of the French company, the Supreme Court judgment potentially has a much broader scope.

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2022 Tax Plan package amended again via Memorandums of Amendment

October 18, 2021
The proposals include raising the top corporate income tax rate to 25.8% and tightening the generic interest deduction limitation by reducing the deduction percentage from 30% to 20% of the EBITDA for ...
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Budget Day 2021: changes to payroll taxes

September 23, 2021
In our memorandum we address the most significant changes proposed for payroll taxes and social security contributions.
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The 2022 Tax Plan on two pages

September 21, 2021
We have prepared a two-page overview of the measures contained in the 2022 Tax Plan package.
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Internet consultation on Qualification Policy for Legal Forms Act

March 31, 2021
The end of the open limited partnership and major implications for mutual funds.
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Third amendment to private member’s Bill on conditional final settlement of dividend withholding tax

March 12, 2021
On March 12, 2021 Bart Snels, Lower House Member of Parliament for the Greens (GroenLinks), published the Memorandum in response to the Report and a supplementary Memorandum of Amendment with regard t ...
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Internet consultation on taxpayer status measure for reverse hybrid entities

March 5, 2021
On March 4, 2021 the Deputy Minister of Finance launched, among other things, a public internet consultation on the taxpayer status measure for ‘reverse hybrid entities’ and several related accompanyi ...
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Refund of Dutch dividend withholding tax based on Sofina judgment

December 11, 2020
This Decree potentially provides a meaningful option to foreign entities that have not been able to otherwise obtain relief for Dutch dividend withholding tax through either a reduced treaty tax rate ...
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Annual adjustment of salary criterion for highly skilled migrants 2021

December 1, 2020
The gross monthly salaries that apply as of January 1, 2021 have been published.
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Implications of Brexit for frontier workers – update

November 11, 2020
The conditions under which the ‘Frontier Worker’ document can be issued and what the application procedure at the INS involves have now been announced.
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Dutch Supreme Court decision on Dutch withholding tax on dividends paid to foreign investment funds

October 26, 2020
The Supreme Court ruled that its earlier judgments from 2013 and 2015 were an incorrect interpretation of EU law and that foreign investment funds should be entitled to a refund of the Dutch dividend ...
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Second amendment to private member’s bill on conditional final settlement of dividend withholding tax

October 12, 2020
On October 9, 2020 Lower House MP Bart Snels (of the GroenLinks parliamentary party) once again amended his private member’s bill on the ‘Conditional Final Settlement of Dividend Withholding Tax Emerg ...
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Brexit: implications for frontier workers

September 30, 2020
The UK government recently published new policy for all EU frontier workers who work in the United Kingdom.
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