Debt or Equity? That Is Still a Dutch Tax Question
In this issue of Tax Notes International, Ashley Peeters and Michael Molenaars examine a recent tax ruling of the Dutch Supreme Court regarding the qualifications of instruments as debt or equity for Dutch tax purposes and a recent ruling of the District Court of Amsterdam that also touches upon this subject.
First the general Dutch tax rules regarding the qualification of an instrument as debt or equity will be discussed. Then the Dutch Supreme Court ruling regarding the qualification of French obligations remboursables en actions (ORAs) for Dutch tax purposes and the District Court of Amsterdam ruling that addressed the question of whether a receivable should be qualified as a so-called sham loan (schijnlening) and thus qualify as equity.
Read the full article here.
Authors: Ashley Peeters and Michael Molenaars
Source: Tax Notes International, volume 116, number 4
Publication: 28 October 2024
