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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Customs measures in response to COVID-19

March 26, 2020
The Dutch Customs Authorities announced a package of measures to support companies that are affected by the corona crisis. These measures are intended to support those that are temporarily facing diff ...
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Dutch Customs to increase audits / checks on customs valuation and e-commerce and on the classification of certain goods originating from the United States

December 19, 2019
On December 17, 2019, Dutch Customs announced that in the coming months more audits / checks will be carried out with regard to the customs value and classification of goods (the commodity code). Spec ...
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Dutch Customs grants postponement to exporters not established in the Union

November 19, 2019
Who can act as an exporter? This question has been causing considerable commotion in the Union for some time now. 
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EU-Singapore trade deal to take effect this month

November 13, 2019
On November 8, 2019 the EU Council approved the EU-Singapore Free Trade Agreement (EUSFTA), which will enter into force on November 21, 2019. 
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Brexit Update: EU grants delay until January 31, 2020

October 31, 2019
After a long period of silence, there has been a rapid succession of Brexit developments. Our Brexit taskforce, comprising Brexit specialists from KPMG Meijburg & Co and KPMG, would like to update ...
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EU and Mercosur concluded on trade agreement

July 12, 2019
After 20 years of negotiations, the European Union and Mercosur states - Argentina, Brazil, Paraguay and Uruguay, on June 28, 2019 reached a political agreement for an ambitious, balanced and comprehe ...
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Brexit: ‘We agree to disagree’

July 11, 2019
Who will be elected by the members of the Conservative Party? Will it be Boris Johnson or Jeremy Hunt? For the time being, Boris Johnson seems to be the favourite. On 22 July it will be announced who ...
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EU and Vietnam finalize Free Trade Agreement and Investment Protection Agreement

July 3, 2019
On Sunday, June 30, 2019, the EU and Vietnam signed the Free Trade Agreement (FTA) and the Investment Protection Agreement (IPA) in Hanoi. The EU has described the FTA as the “most ambitious” free tra ...
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The notion of ‘similar goods’ and the impact of discounts in applying the deductive method of customs valuation

June 24, 2019
On June 20, 2019, the Court of Justice of the European Union (CJEU) rendered its judgment in the Oribalt Rīga (C-1/18) case on the factors relevant to calculating the customs value in accordance with ...
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EU-Japan Economic Partnership Agreement enters into force on February 1, 2019

January 16, 2019
In 2013, the EU and Japan launched negotiations on enhanced economic and strategic cooperation. These negotiations resulted in an Economic Partnership Agreement (EPA) and a Strategic Partnership Agree ...
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Brexit: a never ending story?

January 14, 2019
Tuesday, 15th of January will be a crucial day in what seems to become a never ending story regarding the Brexit. Leon Kanters, Brexit expert and partner of KPMG Meijburg & Co: “The Brexit deal wi ...
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Economic Partnership Agreement between the EU and Japan: simplification of certificates of origin

October 31, 2018
On July 17, 2018, the EU and Japan signed a new Economic Partnership Agreement (EPA), with expected entry into force in the first half of 2019 after ratification by the European and Japanese Parliamen ...
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