COVID-19 #2 Debt-equity swap to restore your equity position
In the context of the economic downturn caused by the corona crisis, companies may seek for (different) ways to restore their equity position. Previously, we explored intragroup debt waivers as a remedy to alleviate financial distress (click here). Another approach that may be considered is the contribution in kind of existing intercompany (or third party)
Asymmetric debt-equity swap: Court of Appeal rules in favor of tax authorities
On 26 February 2019, the Court of Appeal of Ghent ruled on the income tax treatment of an asymmetric debt-equity swap. The Court decided that both the contributing company and receiving company have to apply the same value. In the case at hand, a company A had a receivable of 1000 on its subsidiary B,
