A DGA fails to Amsterdam Court of Appeal convince that he has made an oral agreement with his BV.
The case concerns a DGA, who lent money to a business partner. He borrowed this lent money from a bank. With effect from 2007, the receivable from the business partner and the debt to the bank are processed in the BV's accounts.
In 2022, a settlement agreement (VSO) stipulates that the BV took over the debt to the bank from the DGA in 2007. However, the tax authorities refuse to allow the BV to deduct the interest. Amsterdam Court of Appeal rules that the DGA fails to prove that he agreed with the BV in 2007 that the BV would take over the debt. The mere circumstance that this was recorded in the administration is not sufficient for this. And the VSO in 2022 does not fix this.