13/November/2024
ORA judgment: New tax insights for financial instruments
Gerard van der Linden and Axel Nielsen analysed the recent ORA judgment (ECLI:NL:HR:2024:706). This judgment changes the qualification of financial instruments such as SAFEs, convertible loans and AT1 instruments.
Capital vs. Debt – Instruments without an enforceable cash repayment obligation do not qualify as debt, which has tax implications.
Impact on AT1 Instruments and SAFEs – This can have consequences for startups and banks in their choice of financing.
Read our article in NLF-W for more details! (in Dutch)