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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Blueprints on Pillar One and Pillar Two: Is your compliance process ready for global digital taxation?

October 26, 2020
Earlier this month we took note of the announcement of the OECD/G20 Inclusive Framework for their Blueprints of Pillar One and Pillar Two as we were curious to see what this would entail.&nb ...
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Brexit and import: after principles also pragmatism

October 14, 2020
With January 1, 2021 fast approaching, companies exporting to the UK are eagerly looking for answers and solutions.
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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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The new EU Tax Package: an (over)ambitious plan?

July 22, 2020
Last week the European Commission announced its first steps towards a new EU Tax Package, with already quite some attention towards tax compliance formalities. “It was great to see that the emphasi ...
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Operational Transfer Pricing: automation can bring you closer

July 2, 2020
OTP is the management of transfer pricing data, processes and governance using technology. An effective OTP program aligns transfer pricing requirements with commercial goals. This article exp ...
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Brexit: right of UK citizens to reside in the Netherlands

February 19, 2020
On January 31, 2020 the United Kingdom left Europe. A withdrawal agreement (‘deal’) was negotiated under which UK citizens and their family members who lawfully resided in the Netherlands before the B ...
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