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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Newsoverview (8)

Internet consultation on draft bill VAT adjustment on services to immovable property

March 7, 2024
Based on the proposed draft bill, a VAT adjustment period of approximately five years will apply.
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Dutch Supreme Court provides step-by-step plan for VAT qualification of land with remanent buildings

February 12, 2024
The judgment offers welcome practical guidelines. Whether there is a building site for VAT purposes is of major practical importance and must always be assessed on a case-by-case basis.
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Updated VAT Property Decree

December 15, 2023
We have focused on what we consider to be the most important topics and changes.
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Bill to abolish the real estate transfer tax concurrence exemption for share transactions: mitigation and postponement

June 26, 2023
It is commendable that the adverse effects of the original draft bill are to be mitigated.
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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.
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EU VAT rules for platform operators facilitating digital services are valid

March 2, 2023
On February 28, 2023 the Court of Justice of the European Union (‘CJEU’) published its judgment in the Fenix case (C-695/20). The CJEU ruled that the EU’s VAT rules for platform operators facilitating ...
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Getting tax data right with compliance by design

June 4, 2021
Many tax teams spend the bulk of their time dealing with tax data — finding it, correcting it, reconciling it and formatting it for tax reporting and other compliance needs. But processes like these a ...
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Are you losing money because of Tax Equalization? – Tax Technology offers you insight!

November 13, 2019
A common agreement in the world of cross-border employment is the ‘tax equalization agreement’ between an employer and employee. Under this agreement, an employee does not pay more or less tax during ...
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