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.

Newsoverview (533)

Bilateral APAs and mutual agreement procedures (MAPs): why the interest due may differ

May 10, 2023

Interest on tax due and late payment interest also often play a role in the adjustment or reassessment of the profit. Sates involved maintain different national rules on interest, which can result in ...

2023 Guidelines on Mandatory Disclosure Rules (DAC6) published

May 9, 2023

The updated Guidelines include several substantive changes compared to the earlier version.

Changes to VBI regime, abolition of open limited partnership and revision of qualification policy postponed for one year

May 9, 2023

In light of the responses to the internet consultations, the government intends to have the measures take effect as of January 1, 2025.

Tax changes announced in the 2023 Spring Memorandum

May 4, 2023

In particular, property owners, businesses faced with business successions and Box 3 investors will experience the effect of these plans.

Working from home: action required

April 28, 2023

Recently, it became clear that the European Commission was working on a so-called framework agreement that makes it possible to work from home up to 50%, without an employee becoming socially insured ...

NL-Africa Tax Newsletter – April 2023

April 26, 2023

The aim of this newsletter is to give you an easy-to-read overview of the latest tax updates in Africa.

EU ETS & CBAM: key pieces of legislation formally adopted

April 26, 2023

EU ETS & CBAM: key pieces of legislation formally adopted The end of a lengthy decision-making process results in a conclusive green light.

België-Nederland Nieuwsbrief | April 2023

April 25, 2023

De België-Nederland Nieuwsbrief verschijnt maandelijks met uitzondering van juli en augustus. In deze nieuwsbrief gaan wij in op actuele ontwikkelingen op fiscaal gebied in Nederland en België.

EU Commission: homeworkers may also work from home up to a maximum of 49% after July 1, 2023 without consequences for their social security position

April 5, 2023

In a recent meeting, the European Commission reached agreement that if employees work less than 50% (at home) in their country of residence, the social security of the country where the employer is es ...

Tax Update Shipping & Offshore - April 2023

April 5, 2023

This is the second Tax Update for the Shipping & Offshore sector for 2023.

Nieuwsbrief WOZ en gemeentelijke heffingen – Maart 2023

March 31, 2023

De nieuwsbrief WOZ en gemeentelijke heffingen besteedt aandacht aan interessante ontwikkelingen en rechtspraak en verschijnt twee keer per jaar. Hierbij presenteren wij u de eerste editie van 2023.

NL-Africa Tax Newsletter – March 2023

March 30, 2023

The aim of this newsletter is to give you an easy-to-read overview of the latest tax updates in Africa.

© 2024 Meijburg & Co is a partnership of limited liability companies under Dutch law, is registered in the Trade Register under number 53753348
and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee.
All rights reserved.