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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Tax Update Shipping & Offshore - July 2023

March 4, 2024
This is the third Tax Update for the Shipping & Offshore sector for 2023.
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Tax Update Shipping & Offshore - July 2023

February 2, 2024
This is the third Tax Update for the Shipping & Offshore sector for 2023.
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Tax Update Shipping & Offshore - July 2023

October 25, 2023
This is the third Tax Update for the Shipping & Offshore sector for 2023.
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Tax Update Shipping & Offshore - July 2023

July 7, 2023
This is the third Tax Update for the Shipping & Offshore sector for 2023.
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Tax Update Shipping & Offshore - May 2023

May 23, 2023
This is the third  Tax Update for the Shipping & Offshore sector for 2023.
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Tax Update Shipping & Offshore - April 2023

April 5, 2023
This is the second Tax Update for the Shipping & Offshore sector for 2023.
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Tax Update Shipping & Offshore - January 2023

January 25, 2023
This is the first Tax Update for the Shipping & Offshore sector for 2023.
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Pillar Two – impact on the maritime industry

February 18, 2022
On December 20, 2021, the OECD published the Inclusive Framework on Base Erosion and Profit Shifting (BEPS) report, involving 137 countries. This one-pager provides insights into specialists view on t ...
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CJEU: Member State registration ownership of vessel may levy insurance premium tax

April 19, 2021
This judgment is not only important for the insurance of seagoing vessels, for which an exemption applies in the Netherlands, but also for the insurance of other vessels, which are subject, as startin ...
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Taking stock: BEPS Action Plan as it relates to the ‘control over risk’ concept

March 18, 2021
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Don’t miss the boat: pay attention to the adjustments in the last VAT return for 2020 and the favorable Supreme Court judgment on the recovery of VAT on accommodation expenses

January 27, 2021
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Tax Update Shipping & Offshore - October 2020

October 6, 2020
Welcome to the third Shipping & Offshore Update of 2020, in which we inform you about global developments that may be important for businesses throughout the entire sector.
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