Most recent news

Notional interest deduction rate for tax year 2018 is 0,237%

The Belgian NID rate for tax year 2018 (accounting years ending between 31 December 2017 and 30 December 2018, both dates included) would be 0,237%. For SMEs (Small and Medium-sized Enterprises), the NID rate would be 0,737% for tax year 2018. According to article 205quater, §2 of the Belgian Income Tax Code (“BITC”), the NID […]

philippe-vanclooster-author-150x150

The Belgian NID rate for tax year 2018 (accounting years ending between 31 December 2017 and 30 December 2018, both dates included) would be 0,237%. For SMEs (Small and Medium-sized Enterprises), the NID rate would be 0,737% for tax year 2018. According to article 205quater, §2 of the Belgian Income Tax Code (“BITC”), the NID […]

Costs proper to the employer – homeworking

If certain conditions are met, no income taxes and no social security contributions are due on allowances which are attributed as a ‘repayment of costs proper to the employer’. The National Social Security Office has recently decided to increase the maximum lump-sum allowance which can be attributed as a cost proper to the employer for […]

nicolas-de-limbourg-author-150x150

If certain conditions are met, no income taxes and no social security contributions are due on allowances which are attributed as a ‘repayment of costs proper to the employer’. The National Social Security Office has recently decided to increase the maximum lump-sum allowance which can be attributed as a cost proper to the employer for […]

Royal Decree of 10 July 2016: a new start for alternative investment funds investing in non-listed companies and growth businesses?

On 4 August 2016, the Royal Decree on alternative investment funds investing in non-listed companies and growth businesses was published in the Belgian State Gazette. Its main objective is a new start for investment companies with fixed capital investing in non-listed companies and growth businesses (Public Privaks) (“Publieke Privak”/“Pricaf Publique”). The objective The Royal Decree […]

olivier-hermand-author

On 4 August 2016, the Royal Decree on alternative investment funds investing in non-listed companies and growth businesses was published in the Belgian State Gazette. Its main objective is a new start for investment companies with fixed capital investing in non-listed companies and growth businesses (Public Privaks) (“Publieke Privak”/“Pricaf Publique”). The objective The Royal Decree […]

Packaged retail investment products: European Parliament returns draft law to Commission

Earlier this week, the European Parliament’s Economic and Monetary Committee (ECON) had already unanimously rejected the European Commission’s investor protection proposals for consumers who buy packaged retail and insurance-based investment products (PRIIPs). The draft legislation consisted of regulatory technical standards (RTS) that accompany the PRIIPs Regulation[1] and were developed by the Commission to provide greater […]

Marleen Mouton_5

Earlier this week, the European Parliament’s Economic and Monetary Committee (ECON) had already unanimously rejected the European Commission’s investor protection proposals for consumers who buy packaged retail and insurance-based investment products (PRIIPs). The draft legislation consisted of regulatory technical standards (RTS) that accompany the PRIIPs Regulation[1] and were developed by the Commission to provide greater […]

PRIIPS: Investor protection proposals have been unanimously rejected by ECON

On 1 September 2016, the European Parliament’s Economic and Monetary Committee (ECON) unanimously rejected the European Commission’s investor protection proposals. The Commission’s proposal The European Commission had set out regulatory technical standards (RTS) to provide greater protection to consumers who are interested in investing in packaged retail and insurance-based investment products (PRIIPs). The RTS are […]

Marleen Mouton_5

On 1 September 2016, the European Parliament’s Economic and Monetary Committee (ECON) unanimously rejected the European Commission’s investor protection proposals. The Commission’s proposal The European Commission had set out regulatory technical standards (RTS) to provide greater protection to consumers who are interested in investing in packaged retail and insurance-based investment products (PRIIPs). The RTS are […]

Belgium – corporate tax reform announced

In April 2016, the Federal government, in the framework of the agreement on additional budgetary and recovery measures following the 2016 budgetary control exercise, announced a reform of the Belgian corporate income tax (see our news flash on 11 April 2016). In July 2016, the ‘High Finance Council’ has published a report examining the different […]

philippe-vanclooster-author

In April 2016, the Federal government, in the framework of the agreement on additional budgetary and recovery measures following the 2016 budgetary control exercise, announced a reform of the Belgian corporate income tax (see our news flash on 11 April 2016). In July 2016, the ‘High Finance Council’ has published a report examining the different […]

OECD releases discussion draft on branch mismatch structures

On 22 August 2016, the OECD published, for discussion, recommendations for domestic laws that would neutralise the effect of payments involving certain branch mismatch arrangements. This expansion of the final Base Erosion and Profit Shifting (BEPS) Action 2 paper, Neutralising the Effects of Hybrid Mismatch Arrangements, issued on 5 October 2015, adds even more complexity […]

Maarten Temmerman

On 22 August 2016, the OECD published, for discussion, recommendations for domestic laws that would neutralise the effect of payments involving certain branch mismatch arrangements. This expansion of the final Base Erosion and Profit Shifting (BEPS) Action 2 paper, Neutralising the Effects of Hybrid Mismatch Arrangements, issued on 5 October 2015, adds even more complexity […]

Summary of what has changed during the summer: newly-adopted tax measures

This summer, the Parliament adopted a range of new tax measures (more details below). Other measures are currently under review at the Chamber or pending before the State Council. More details on the new tax measures are announced on our website: Tax reform in Belgium. Patent income deduction The Act of 3 August 2016 providing […]

philippe-vanclooster-author

This summer, the Parliament adopted a range of new tax measures (more details below). Other measures are currently under review at the Chamber or pending before the State Council. More details on the new tax measures are announced on our website: Tax reform in Belgium. Patent income deduction The Act of 3 August 2016 providing […]

New patent income deduction (PID) regime: Innovation Income Deduction

As from 1 July 2016, the existing Belgian patent income deduction (‘PID’) regime has been abolished (Official Gazette of 11 August 2016, 2nd ed.). Indeed, in line with the so-called ‘modified’ nexus approach, the current patent box regime had to be replaced with a BEPS (in particular Action Point 5 of the OECD BEPS Action […]

Tom Wallyn

As from 1 July 2016, the existing Belgian patent income deduction (‘PID’) regime has been abolished (Official Gazette of 11 August 2016, 2nd ed.). Indeed, in line with the so-called ‘modified’ nexus approach, the current patent box regime had to be replaced with a BEPS (in particular Action Point 5 of the OECD BEPS Action […]

OECD releases discussion draft on interest deductions in banking, insurance sectors

On 28 July the OECD released a discussion draft relating to deductions for interest in the banking and insurance sectors. This is part of the ongoing work for BEPS Action 4, Limiting Base Erosion Involving Interest Deductions and Other Financial Payments, which was released as a final report in October 2015. The discussion draft does […]

olivier-hermand-author

On 28 July the OECD released a discussion draft relating to deductions for interest in the banking and insurance sectors. This is part of the ongoing work for BEPS Action 4, Limiting Base Erosion Involving Interest Deductions and Other Financial Payments, which was released as a final report in October 2015. The discussion draft does […]

Luxembourg proposes new tax measures

The Luxembourg Government introduced a bill on 26 July 2016, with proposed tax measures for corporations for the 2017 tax year. The proposed changes are in line with the announcements made by the Government earlier this year. Although the bill has not been finalised, multinational enterprises operating in Luxembourg should start considering how the proposed measures, […]

Evi Geerts

The Luxembourg Government introduced a bill on 26 July 2016, with proposed tax measures for corporations for the 2017 tax year. The proposed changes are in line with the announcements made by the Government earlier this year. Although the bill has not been finalised, multinational enterprises operating in Luxembourg should start considering how the proposed measures, […]

Amendment of AIFM Law in view of the implementation of a new real estate investment vehicle, the FIIS

On 20 July 2016, the Parliament voted on Program Act II modifying amongst others the Belgian Act of 19 April 2014 on alternative investment funds and their managers (AIFM Law). These modifications were necessary to enable the adoption of a new royal decree implementing a new regime for real estate investment funds referred to as “Fonds […]

Grégory Jurion

On 20 July 2016, the Parliament voted on Program Act II modifying amongst others the Belgian Act of 19 April 2014 on alternative investment funds and their managers (AIFM Law). These modifications were necessary to enable the adoption of a new royal decree implementing a new regime for real estate investment funds referred to as “Fonds […]

PwC’s Brexit monitor

The referendum result on Brexit has not only led to economic and political uncertainty within the UK, but also on mainland Europe. The final impact of Brexit is yet unknown, but will certainly weigh down on our economy, business activity and financial markets. You may find the following PwC Brexit Monitor on the subject matter interesting.  

Jan Muyldermans

The referendum result on Brexit has not only led to economic and political uncertainty within the UK, but also on mainland Europe. The final impact of Brexit is yet unknown, but will certainly weigh down on our economy, business activity and financial markets. You may find the following PwC Brexit Monitor on the subject matter interesting.  

VAT exemption for intra-Community supplies: Transport document can be replaced by destination document

In order to apply the VAT exemption for intra-Community supplies in Belgium (article 39bis of the Belgian VAT Code), Belgian VAT authorities require the supplier (amongst others) to obtain and keep a set of commercial documents that the goods have been transported from Belgium to another Member State. Suitable evidence includes contracts, purchase orders, transport […]

Claire De Lepeleire

In order to apply the VAT exemption for intra-Community supplies in Belgium (article 39bis of the Belgian VAT Code), Belgian VAT authorities require the supplier (amongst others) to obtain and keep a set of commercial documents that the goods have been transported from Belgium to another Member State. Suitable evidence includes contracts, purchase orders, transport […]

European Commission sets out next steps to boost tax transparency

On 5 July 2016, the European Commission (“Commission”) presented a Communication putting forward the priorities in their work towards a fairer, more transparent and more effective taxation system, together with a proposal to amend the Fourth Anti-Money Laundering Directive (“AMLD”). By means of these initiatives, the Commission wants to address the remaining gaps in the […]

Jonas Van de Gucht - Director - PwC belgium

On 5 July 2016, the European Commission (“Commission”) presented a Communication putting forward the priorities in their work towards a fairer, more transparent and more effective taxation system, together with a proposal to amend the Fourth Anti-Money Laundering Directive (“AMLD”). By means of these initiatives, the Commission wants to address the remaining gaps in the […]

Market Abuse Regulation has entered into force

As of 3 July 2016, the new Market Abuse Regulation (MAR) has entered into force in Belgium and across Europe. It repeals and replaces the existing regime of the Market Abuse Directive and its implementing legislation. The Market Abuse Regulation The new Regulation aims to update and strengthen the existing rules on market integrity and […]

Marleen Mouton_5

As of 3 July 2016, the new Market Abuse Regulation (MAR) has entered into force in Belgium and across Europe. It repeals and replaces the existing regime of the Market Abuse Directive and its implementing legislation. The Market Abuse Regulation The new Regulation aims to update and strengthen the existing rules on market integrity and […]

Parliament has approved Belgian Transfer Pricing Documentation Requirements

On 29 June 2016, the Belgian Parliament adopted the ‘programme law’ (introduced on 2 June 2016) that contains the introduction into Belgian tax law of specific transfer pricing documentation requirements (published in the Belgian Official Gazette of 4 July 2016). These requirements are based on Action 13 of the OECD /G20 BEPS Project. See our post […]

Jonas Van de Gucht - Director - PwC belgium

On 29 June 2016, the Belgian Parliament adopted the ‘programme law’ (introduced on 2 June 2016) that contains the introduction into Belgian tax law of specific transfer pricing documentation requirements (published in the Belgian Official Gazette of 4 July 2016). These requirements are based on Action 13 of the OECD /G20 BEPS Project. See our post […]

New lump-sum amount for reimbursement of business use of private car

Employees using a privately-owned car for business purposes can now be reimbursed a lump-sum amount of EUR 0.3363 per kilometre. Costs that an employee incurs when using a privately-owned car for business purposes can be reimbursed by the employer free of income tax and exempt from social security contributions. Repayment can be made on a lump-sum basis, taking […]

nicolas-de-limbourg-author

Employees using a privately-owned car for business purposes can now be reimbursed a lump-sum amount of EUR 0.3363 per kilometre. Costs that an employee incurs when using a privately-owned car for business purposes can be reimbursed by the employer free of income tax and exempt from social security contributions. Repayment can be made on a lump-sum basis, taking […]

Brexit: Financial Services Tax outlook

On Thursday 23 June 2016, a historic referendum on the UK’s membership of the EU was held, with the ‘Leave’ result announced the following day. The aftermath now requires careful consideration of the potential short and medium term scenarios the UK government could take in the following months and years and the potential effects each […]

Grégory Jurion

On Thursday 23 June 2016, a historic referendum on the UK’s membership of the EU was held, with the ‘Leave’ result announced the following day. The aftermath now requires careful consideration of the potential short and medium term scenarios the UK government could take in the following months and years and the potential effects each […]

MiFID II and MiFIR one-year delay published in EU Official Journal

The Directive[1] and Regulation[2] providing for a one-year delay for the date of applicability of MiFID II and MiFIR were published in the Official Journal of the EU on 30 June 2016.   Published in the Official Journal of the EU on 15 May 2015, entered into force on 4 June of the same year, […]

Marleen Mouton_5

The Directive[1] and Regulation[2] providing for a one-year delay for the date of applicability of MiFID II and MiFIR were published in the Official Journal of the EU on 30 June 2016.   Published in the Official Journal of the EU on 15 May 2015, entered into force on 4 June of the same year, […]

OECD publishes guidance on implementation of Country-by-Country Reporting

On 29 June 2016, the OECD released its Guidance on the Implementation of Country-by-Country Reporting (CbCR). According to the OECD press release, this is “a new step in its continuing efforts to boost transparency in international tax matters”. After the G20 leaders gave their approval regarding the final BEPS Package in November 2015, the focus […]

Jonas Van de Gucht - Director - PwC belgium

On 29 June 2016, the OECD released its Guidance on the Implementation of Country-by-Country Reporting (CbCR). According to the OECD press release, this is “a new step in its continuing efforts to boost transparency in international tax matters”. After the G20 leaders gave their approval regarding the final BEPS Package in November 2015, the focus […]

New Belgian Real Estate Investment Fund (FIIS): draft legislation introduced in Parliament

The draft Program Act of 28 June 2016 contains several tax rules applicable to the existing Belgian Regulated Real Estate Company (RREC*) and the new Belgian Real Estate Investment Fund (FIIS**) and creates the legal basis for the Belgian government to issue decrees implementing the FIIS regime. Final legislation is expected to be published during […]

Grégory Jurion

The draft Program Act of 28 June 2016 contains several tax rules applicable to the existing Belgian Regulated Real Estate Company (RREC*) and the new Belgian Real Estate Investment Fund (FIIS**) and creates the legal basis for the Belgian government to issue decrees implementing the FIIS regime. Final legislation is expected to be published during […]

Brexit – Keep up to date on what’s next for FS

The UK’s decision to leave the EU will have far reaching implications for the financial services sector. As the detailed political and legal issues are worked out over the coming months there is a wealth of complexity to be considered and navigated. Please join us on Friday 1 July at 9.30am when our experts will be discussing […]

olivier-hermand-author-150x150

The UK’s decision to leave the EU will have far reaching implications for the financial services sector. As the detailed political and legal issues are worked out over the coming months there is a wealth of complexity to be considered and navigated. Please join us on Friday 1 July at 9.30am when our experts will be discussing […]

Anti-Tax Avoidance Directive: impacts on the real estate industry

EU countries reach political agreement on Anti-Tax Avoidance Directive: impacts on the real estate industry The EU-28 Finance Ministers reached political agreement on 21 June 2016 on the Council Directive laying down rules against tax avoidance practices that directly affect the functioning of the internal market (also known as ATAD). Ministers decided not to include […]

Grégory Jurion

EU countries reach political agreement on Anti-Tax Avoidance Directive: impacts on the real estate industry The EU-28 Finance Ministers reached political agreement on 21 June 2016 on the Council Directive laying down rules against tax avoidance practices that directly affect the functioning of the internal market (also known as ATAD). Ministers decided not to include […]

Lost in Transactions – Your one-stop guide for everything you need to know about BEPS and M&A

We are pleased to announce that M&A Tax & Legal Services just finalised a publication which will guide you in everything you need to know about BEPS and M&A. ‘Lost in transactions’ is a practical guide to managing M&A deals in today’s global, digital world. Please find more information and the PDF version of the […]

hughes-lamon-author

We are pleased to announce that M&A Tax & Legal Services just finalised a publication which will guide you in everything you need to know about BEPS and M&A. ‘Lost in transactions’ is a practical guide to managing M&A deals in today’s global, digital world. Please find more information and the PDF version of the […]

ATAD: what does it actually mean for financing?

On 21 June, the Economic and Financial Affairs Council (ECOFIN) reached a consensus on the “Anti-Tax Avoidance Directive” (ATAD). Some of the measures of this Directive directly affect groups’ existing financing set-ups. The main impact is the implementation of BEPS Action 4 via a Directive, which will impose a general interest deduction limitation. Member States […]

david-ledure2

On 21 June, the Economic and Financial Affairs Council (ECOFIN) reached a consensus on the “Anti-Tax Avoidance Directive” (ATAD). Some of the measures of this Directive directly affect groups’ existing financing set-ups. The main impact is the implementation of BEPS Action 4 via a Directive, which will impose a general interest deduction limitation. Member States […]

ECOFIN agrees on Commission’s proposal on Anti-Tax Avoidance Directive

On 20 June 2016, the Economic and Financial Affairs (ECOFIN) Council agreed on the Anti-Tax Avoidance Directive (ATAD) proposal of the European Commission, following approval of the Dutch presidency’s final proposal by the Belgian government and no further comments from other Member States. On 8 June 2016, the European Parliament (EP) approved 91 amendments to […]

Jonas Van de Gucht - Director - PwC belgium

On 20 June 2016, the Economic and Financial Affairs (ECOFIN) Council agreed on the Anti-Tax Avoidance Directive (ATAD) proposal of the European Commission, following approval of the Dutch presidency’s final proposal by the Belgian government and no further comments from other Member States. On 8 June 2016, the European Parliament (EP) approved 91 amendments to […]

UK’s EU Referendum vote: PwC webcast – Friday, June 24

This week, the UK will vote to either leave or remain in the European Union (also known as “Brexit”). Regardless of the outcome of the UK’s EU referendum, there will be consequences for the European economy and business in general. To ensure our clients understand these issues, PwC will host a webcast examining the issues, […]

olivier-hermand-author

This week, the UK will vote to either leave or remain in the European Union (also known as “Brexit”). Regardless of the outcome of the UK’s EU referendum, there will be consequences for the European economy and business in general. To ensure our clients understand these issues, PwC will host a webcast examining the issues, […]

European Parliament approves amended Anti-Tax Avoidance Directive

On 8 June 2016, the European Parliament (EP) approved 91 amendments to a draft report of the Anti-Tax Avoidance Directive. The amendments to the draft Anti-Tax Avoidance Directive include, amongst others, proposals for a 15% rate for the application of the switch-over rule, an EU blacklist of tax havens and sanctions against uncooperative jurisdictions, additional limitations […]

Jonas Van de Gucht - Director - PwC belgium

On 8 June 2016, the European Parliament (EP) approved 91 amendments to a draft report of the Anti-Tax Avoidance Directive. The amendments to the draft Anti-Tax Avoidance Directive include, amongst others, proposals for a 15% rate for the application of the switch-over rule, an EU blacklist of tax havens and sanctions against uncooperative jurisdictions, additional limitations […]

Belgian transfer pricing documentation requirements submitted to Parliament

On 2 June 2016, the Belgian Government introduced in Parliament a draft Program Act containing the blue-print of how Belgium aims to implement the outcome of the OECD’s BEPS Action 13 into Belgian tax law. In essence, Belgium will introduce formal transfer pricing documentation requirements thereby requiring multinational entities (MNEs) with operations in Belgium – subject to certain conditions […]

Jonas Van de Gucht - Director - PwC belgium

On 2 June 2016, the Belgian Government introduced in Parliament a draft Program Act containing the blue-print of how Belgium aims to implement the outcome of the OECD’s BEPS Action 13 into Belgian tax law. In essence, Belgium will introduce formal transfer pricing documentation requirements thereby requiring multinational entities (MNEs) with operations in Belgium – subject to certain conditions […]

OECD releases public discussion draft on the multilateral instrument to implement the tax treaty related BEPS measures and asks the public for input

On 31 May 2016, the OECD released its public discussion draft on Action 15 (Development of a Multilateral Instrument to Implement the Tax Treaty related BEPS Measures) of the BEPS Action Plan. Action 15 of the OECD’s BEPS Action Plan called for the development of a multilateral instrument in order to allow countries to swiftly amend their […]

Jonas Van de Gucht - Director - PwC belgium

On 31 May 2016, the OECD released its public discussion draft on Action 15 (Development of a Multilateral Instrument to Implement the Tax Treaty related BEPS Measures) of the BEPS Action Plan. Action 15 of the OECD’s BEPS Action Plan called for the development of a multilateral instrument in order to allow countries to swiftly amend their […]

Country-by-Country Reporting approved, Anti-Tax Avoidance Directive vote postponed

On 25 May 2016, the EU Economic and Financial Affairs Council (ECOFIN) approved the implementation of the Country-by-Country Reporting (CbCR) rules for multinational companies. However, the vote on the Anti-Tax Avoidance Directive (ATAD) proposal of the European Commission was postponed to the next council’s meeting, taking place on 17 June 2016. The directive implementing the […]

Jonas Van de Gucht - Director - PwC belgium

On 25 May 2016, the EU Economic and Financial Affairs Council (ECOFIN) approved the implementation of the Country-by-Country Reporting (CbCR) rules for multinational companies. However, the vote on the Anti-Tax Avoidance Directive (ATAD) proposal of the European Commission was postponed to the next council’s meeting, taking place on 17 June 2016. The directive implementing the […]

Belgian Net Asset Tax compatible with EU law

The Court of Justice of the European Union (CJEU) ruled on 26 May 2016 that the Belgian Net Asset Tax (NAT) as applicable to foreign investment funds, is compatible with EU law. The CJEU’s decision in Case 48/15 (SPF Finances v. ING International SA) is rendered in the framework of a request for a preliminary […]

olivier-hermand-author-150x150

The Court of Justice of the European Union (CJEU) ruled on 26 May 2016 that the Belgian Net Asset Tax (NAT) as applicable to foreign investment funds, is compatible with EU law. The CJEU’s decision in Case 48/15 (SPF Finances v. ING International SA) is rendered in the framework of a request for a preliminary […]

Preparing your business for imminent new reporting obligations

Belgian entities of foreign- or Belgian-headquartered multinational groups with annual revenues exceeding 50 million euros need to assess whether they will be subject to the transfer pricing documentation obligations that will be introduced soon. Given the increased scrutiny, it’s also imperative to check the consistency of transfer pricing arrangements with actual conduct. Three layers of […]

Jonas Van de Gucht - Director - PwC belgium

Belgian entities of foreign- or Belgian-headquartered multinational groups with annual revenues exceeding 50 million euros need to assess whether they will be subject to the transfer pricing documentation obligations that will be introduced soon. Given the increased scrutiny, it’s also imperative to check the consistency of transfer pricing arrangements with actual conduct. Three layers of […]

EU Commission Notice on notion of State aid

On 19 May 2016, the EU Commission (EC) published its final Notice on the notion of State aid. The Notice updates the EC’s Notice on the application of the State aid rules to various measures including those relating to direct business taxation (98/C 384/03), which essentially sets out the EC’s view on how State aid […]

Pieter Deré

On 19 May 2016, the EU Commission (EC) published its final Notice on the notion of State aid. The Notice updates the EC’s Notice on the application of the State aid rules to various measures including those relating to direct business taxation (98/C 384/03), which essentially sets out the EC’s view on how State aid […]

Cayman Tax: applicable to privately managed funds

Yesterday, the Finance Minister clarified the scope of the Cayman tax with respect to funds. According to the Minister, the tax covers private, institutional and public funds, which are de facto privately managed. Besides, should it prove necessary to legislate further, that would be done quickly and efficiently, according to the Minister. The Cayman Tax […]

patrice-delacroix-fs

Yesterday, the Finance Minister clarified the scope of the Cayman tax with respect to funds. According to the Minister, the tax covers private, institutional and public funds, which are de facto privately managed. Besides, should it prove necessary to legislate further, that would be done quickly and efficiently, according to the Minister. The Cayman Tax […]

Enhanced transparency for multinational enterprises: 44 tax administrations agree on CbCR and CRS information sharing system

During the 10th meeting of the OECD Forum on Tax Administration (FTA), held on 11, 12 and 13 May 2016, the heads of 44 tax administrations came to an agreement on the creation of a system that will enable the effective and efficient sharing of data gathered from the automatic exchange of information under the […]

Jonas Van de Gucht - Director - PwC belgium

During the 10th meeting of the OECD Forum on Tax Administration (FTA), held on 11, 12 and 13 May 2016, the heads of 44 tax administrations came to an agreement on the creation of a system that will enable the effective and efficient sharing of data gathered from the automatic exchange of information under the […]

New single annual bank tax announced

On Friday the 13th, the Council of Ministers approved a draft bill of law establishing a new single annual bank tax replacing four different existing taxes, with a view to a better distribution of the tax burden between small and large banks. Overall, it leads to a tax increase of EUR 55 million. As a […]

olivier-hermand-author

On Friday the 13th, the Council of Ministers approved a draft bill of law establishing a new single annual bank tax replacing four different existing taxes, with a view to a better distribution of the tax burden between small and large banks. Overall, it leads to a tax increase of EUR 55 million. As a […]

Former prohibition of exemption of withholding tax on dividends distributed by Belgian Regulated Real Estate Companies annulled by Constitutional Court

On 11 May 2016, the Belgian Constitutional Court annulled the former prohibition of exemption of withholding tax on dividends distributed by Belgian Regulated Real Estate Companies (RRECs) on the ground that it was discriminatory compared to dividends paid by Belgian Real Estate Investment Funds (REIFs). The Act of 12 May 2014, applicable as from 16 […]

olivier-hermand-author

On 11 May 2016, the Belgian Constitutional Court annulled the former prohibition of exemption of withholding tax on dividends distributed by Belgian Regulated Real Estate Companies (RRECs) on the ground that it was discriminatory compared to dividends paid by Belgian Real Estate Investment Funds (REIFs). The Act of 12 May 2014, applicable as from 16 […]

European Commission proposes an EU Directive on public Country-by-Country reporting

As already referred to in our newsflash of 13 April 2016, the European Commission has developed a proposal for a directive which, if approved by the European Parliament and Council of Ministers, will require public country-by-country reporting (CbCR) of tax and other financial data by large companies in the European Union (EU). The proposed directive will amend the existing […]

xavier

As already referred to in our newsflash of 13 April 2016, the European Commission has developed a proposal for a directive which, if approved by the European Parliament and Council of Ministers, will require public country-by-country reporting (CbCR) of tax and other financial data by large companies in the European Union (EU). The proposed directive will amend the existing […]

Belgian Tax on Savings Income: Scope Enlarged

Last week, the Belgian tax authorities published a practice note enlarging the scope of application of the Belgian Tax on Savings Income (or “Reynders Tax”) so as to include new categories of funds. Capital Gains Tax. As is already known, the Belgian Tax on Savings Income (“BTS”), also referred to as the Reynders Tax, (the main provision of […]

olivier-hermand-author

Last week, the Belgian tax authorities published a practice note enlarging the scope of application of the Belgian Tax on Savings Income (or “Reynders Tax”) so as to include new categories of funds. Capital Gains Tax. As is already known, the Belgian Tax on Savings Income (“BTS”), also referred to as the Reynders Tax, (the main provision of […]

The Belgian Supreme Court ruled that income derived from a received abnormal or gratuitous benefit constitutes a minimum tax base

If an intra-group transaction is considered as “abnormal or gratuitous” – i.e. not being arm’s length –, Belgian tax law prescribes a transfer pricing adjustment. An abnormal or gratuitous benefit received by a Belgian company from an affiliated enterprise cannot be offset against tax losses and other deductible items available to the Belgian company, such […]

philippe-vanclooster-author

If an intra-group transaction is considered as “abnormal or gratuitous” – i.e. not being arm’s length –, Belgian tax law prescribes a transfer pricing adjustment. An abnormal or gratuitous benefit received by a Belgian company from an affiliated enterprise cannot be offset against tax losses and other deductible items available to the Belgian company, such […]

Union Customs Code enters into force on 1 May 2016

On 1 May 2016, the Regulation (No 952/2013) of the European Parliament and of the Council of 9 October 2013 laying down the Unions Customs Code will enter into force. Apart from major changes to the Community Customs Code, the Regulation also confers powers on the Commission to adopt Delegated Acts in order to supplement certain […]

Lionel Van Reet

On 1 May 2016, the Regulation (No 952/2013) of the European Parliament and of the Council of 9 October 2013 laying down the Unions Customs Code will enter into force. Apart from major changes to the Community Customs Code, the Regulation also confers powers on the Commission to adopt Delegated Acts in order to supplement certain […]

New daily lump-sum allowances list as from 1 April 2016

An employer/company can pay daily lump-sum allowances for foreign business travel to employees or company directors in order to reimburse certain expenses. If the lump-sum reimbursements for short-term business trips abroad (not exceeding 30 calendar days) are determined on the basis of the list of allowances paid by the Federal Public Department of Foreign Affairs […]

nicolas-de-limbourg-author

An employer/company can pay daily lump-sum allowances for foreign business travel to employees or company directors in order to reimburse certain expenses. If the lump-sum reimbursements for short-term business trips abroad (not exceeding 30 calendar days) are determined on the basis of the list of allowances paid by the Federal Public Department of Foreign Affairs […]

The launch of tax audits in 2016

The Belgian tax authorities have recently announced their focus areas for upcoming tax audits in order to encourage individuals and companies to fulfil their tax obligations. As from 2013, the Belgian tax authorities started auditing certain individuals who are employed under the special tax regime for foreign executives in Belgium. When looking at the new […]

nicolas-de-limbourg-author

The Belgian tax authorities have recently announced their focus areas for upcoming tax audits in order to encourage individuals and companies to fulfil their tax obligations. As from 2013, the Belgian tax authorities started auditing certain individuals who are employed under the special tax regime for foreign executives in Belgium. When looking at the new […]

European Commission proposes public Country-by-Country Reporting (CbCR) rules for EU multinational enterprises

On 12 April 2016, the European Commission (EC) introduced a legislative proposal on public reporting requirements for certain EU enterprises, being multinational groups with a consolidated turnover exceeding EUR 750 million. The proposal is founded on the EC’s determination to address corporate tax avoidance in Europe, of which the cost for the EU Member States […]

Jonas Van de Gucht - Director - PwC belgium

On 12 April 2016, the European Commission (EC) introduced a legislative proposal on public reporting requirements for certain EU enterprises, being multinational groups with a consolidated turnover exceeding EUR 750 million. The proposal is founded on the EC’s determination to address corporate tax avoidance in Europe, of which the cost for the EU Member States […]

ESAs publishes final draft Regulatory Technical Standards on KID for PRIIPS

ESAs has finalised its draft RTS on the PRIIPs KID after consulting various interest groups. These final draft RTS provide clarity on the obligation that the PRIIPs Regulation imposes to provide for a key information document that should be easily understandable for consumers. The Joint Committee of the European Supervisory Authorities (EBA, EIOPA and ESMA – […]

Marleen Mouton_5

ESAs has finalised its draft RTS on the PRIIPs KID after consulting various interest groups. These final draft RTS provide clarity on the obligation that the PRIIPs Regulation imposes to provide for a key information document that should be easily understandable for consumers. The Joint Committee of the European Supervisory Authorities (EBA, EIOPA and ESMA – […]

Belgium – budgetary control 2016: real estate measures

On 9 April 2016, the federal government reached an agreement on additional budgetary and recovery measures following the 2016 budgetary control exercise. It has been confirmed that measures will be taken to make the Belgian real estate market more attractive for foreign investors (as further explained in the parliamentary procedures leading to the Tax Shift Act […]

Grégory Jurion

On 9 April 2016, the federal government reached an agreement on additional budgetary and recovery measures following the 2016 budgetary control exercise. It has been confirmed that measures will be taken to make the Belgian real estate market more attractive for foreign investors (as further explained in the parliamentary procedures leading to the Tax Shift Act […]

Belgium – budgetary control 2016: reform of corporate tax regime announced

On 9 April 2016, the federal government reached an agreement on additional budgetary and recovery measures following the 2016 budgetary control exercise. To keep the budget on track, among others the following tax measures have been agreed: Reform of the Belgian corporate income tax regime. The corporate income tax regime will be reformed in order […]

philippe-vanclooster-author

On 9 April 2016, the federal government reached an agreement on additional budgetary and recovery measures following the 2016 budgetary control exercise. To keep the budget on track, among others the following tax measures have been agreed: Reform of the Belgian corporate income tax regime. The corporate income tax regime will be reformed in order […]

Long-awaited MiFID II Delegated Acts published

This MiFID II Delegated Directive brings clarity on some contentious investor protection issues, and confirms some key changes that firms need to accomplish in several important areas. The progress of the Markets in Financial Instruments Directive II (MiFID II) has been slow, stuttering and at times unpredictable, and the complexity and scale of the regulation […]

Marleen Mouton_5

This MiFID II Delegated Directive brings clarity on some contentious investor protection issues, and confirms some key changes that firms need to accomplish in several important areas. The progress of the Markets in Financial Instruments Directive II (MiFID II) has been slow, stuttering and at times unpredictable, and the complexity and scale of the regulation […]

ESMA publishes final guidelines on sound remuneration policies under UCITS and AIFM Directives

In its newest report, ESMA sheds light on the guidelines relating to the remuneration policies and practices for management companies and their identified staff. On 31 March 2016, the European Securities and Markets Authority (ESMA) published its final guidelines on the remuneration policies for management companies and their identified staff (the Guidelines). These Guidelines refer […]

Marleen Mouton_5

In its newest report, ESMA sheds light on the guidelines relating to the remuneration policies and practices for management companies and their identified staff. On 31 March 2016, the European Securities and Markets Authority (ESMA) published its final guidelines on the remuneration policies for management companies and their identified staff (the Guidelines). These Guidelines refer […]

ESMA report on enforcement and regulatory activities of accounting enforcers in 2015

This report provides an overview of the activities of the European Securities and Markets Authority (ESMA) and the accounting enforcers in the European Economic Area (EEA) (hereinafter ‘European enforcers’), when examining compliance of financial information provided by issuers listed on regulated markets with the applicable financial reporting framework in 2015. It also provides an overview […]

koen-de-grave-author

This report provides an overview of the activities of the European Securities and Markets Authority (ESMA) and the accounting enforcers in the European Economic Area (EEA) (hereinafter ‘European enforcers’), when examining compliance of financial information provided by issuers listed on regulated markets with the applicable financial reporting framework in 2015. It also provides an overview […]

VAT on directors fees – new detailed guidelines

In a previous newsflash, we informed you that a company acting as a director (or a liquidator etc.) will no longer be able to invoice its director fees outside the scope of VAT. The entry into force of this decision has been repeatedly delayed. On 30 March 2016, the Belgian VAT Administration published comprehensive guidelines on […]

christoph-zenner-author

In a previous newsflash, we informed you that a company acting as a director (or a liquidator etc.) will no longer be able to invoice its director fees outside the scope of VAT. The entry into force of this decision has been repeatedly delayed. On 30 March 2016, the Belgian VAT Administration published comprehensive guidelines on […]

New Act on the status and supervision of (re)insurance companies published

On 23 March 2016, the new law on the status and supervision of (re)insurance companies has been published in the Belgian Official Gazette. Before, the Belgian legislation on insurance and reinsurance companies was split into two parts: the Act of 9 July 1975 on the control of insurance companies and the Act of 16 February […]

Marleen Mouton_5

On 23 March 2016, the new law on the status and supervision of (re)insurance companies has been published in the Belgian Official Gazette. Before, the Belgian legislation on insurance and reinsurance companies was split into two parts: the Act of 9 July 1975 on the control of insurance companies and the Act of 16 February […]

Company-provided family allowance – exempted from social security contributions

Companies can, for example within a flexible reward plan, opt to grant their employees (with children) a so-called ‘family allowance’, which is an additional child benefit on top of the statutory child allowance. Recently, the Belgian Supreme Court has decided that such allowances are not to be considered as “salary” for social security purposes. Consequently, […]

nicolas-de-limbourg-author

Companies can, for example within a flexible reward plan, opt to grant their employees (with children) a so-called ‘family allowance’, which is an additional child benefit on top of the statutory child allowance. Recently, the Belgian Supreme Court has decided that such allowances are not to be considered as “salary” for social security purposes. Consequently, […]

PwC’s dialogue with Private Equity investors reveals growing interest in responsible investment

There is a growing need for General Partners (GPs) to demonstrate responsible investment behaviour and manage their exposure to environmental, social and governance (‘ESG’) risks in their engagement with Limited Partners (LPs). This trend is also based on the belief that addressing ESG factors will protect value by either improving returns or reducing risk. PwC’s […]

Dirk_Verheyen

There is a growing need for General Partners (GPs) to demonstrate responsible investment behaviour and manage their exposure to environmental, social and governance (‘ESG’) risks in their engagement with Limited Partners (LPs). This trend is also based on the belief that addressing ESG factors will protect value by either improving returns or reducing risk. PwC’s […]

Final list of tax havens published

On 10 and 11 March 2016, the final Royal Decrees regarding the revised list of tax havens that apply for the so-called dividends received deduction (‘DRD’) and the reporting obligation for payments (to tax havens) have been published in the Belgian Official Gazette. The Royal Decrees did not make any changes to the lists included in […]

philippe-vanclooster-author

On 10 and 11 March 2016, the final Royal Decrees regarding the revised list of tax havens that apply for the so-called dividends received deduction (‘DRD’) and the reporting obligation for payments (to tax havens) have been published in the Belgian Official Gazette. The Royal Decrees did not make any changes to the lists included in […]

EU Member States reach agreement on mandatory automatic exchange of financial information on country-by-country reporting (CbCR)

On 8 March 2016, the Member States of the European Union reached a political agreement on the automatic exchange of country-by-country reporting (CbCR) at a meeting of the Ministers of Economic and Financial Affairs in Brussels. The CbC reports contain tax-related financial information of multinational companies. The agreement is, however, still subject to the scrutiny […]

Jonas Van de Gucht - Director - PwC belgium

On 8 March 2016, the Member States of the European Union reached a political agreement on the automatic exchange of country-by-country reporting (CbCR) at a meeting of the Ministers of Economic and Financial Affairs in Brussels. The CbC reports contain tax-related financial information of multinational companies. The agreement is, however, still subject to the scrutiny […]

30% ruling and 150 km rule: no systematic overcompensation according to Dutch Supreme Court

According to the Dutch Supreme Court, the 150 kilometre criterion under the 30% ruling for employees hired from abroad (expats) is EU proof. The limits of the ruling (the ‘30% of the taxable base’ and the ‘150 kilometre distance from the Dutch border’) were set in such a way that the 30% ruling does not […]

nicolas-de-limbourg-author

According to the Dutch Supreme Court, the 150 kilometre criterion under the 30% ruling for employees hired from abroad (expats) is EU proof. The limits of the ruling (the ‘30% of the taxable base’ and the ‘150 kilometre distance from the Dutch border’) were set in such a way that the 30% ruling does not […]

The Rulings Commission publishes ruling request templates

The Belgian Rulings Commission has recently published ruling request templates. These templates have been prepared in an effort (i) to facilitate access to tax rulings and (ii) for transparency purposes. Ruling request templates have been made available in Dutch and in French for the following relevant transactions: Mergers, Partial demergers, Contribution of a line of […]

hughes-lamon-author-150x150

The Belgian Rulings Commission has recently published ruling request templates. These templates have been prepared in an effort (i) to facilitate access to tax rulings and (ii) for transparency purposes. Ruling request templates have been made available in Dutch and in French for the following relevant transactions: Mergers, Partial demergers, Contribution of a line of […]

The Belgian Savings Deposits again before the Court of Justice!

After having been sentenced in 2013 for ‘discriminatory’ tax treatment, the since then modified prima facie non-discriminatory legislation comes back before the CJEU, as a ‘restrictive’ measure this time. On a side note, the question arises whether some other Belgian provisions might actually constitute equally applicable measures with restrictive effects infringing some of the EU […]

patrice-delacroix-author-150x150

After having been sentenced in 2013 for ‘discriminatory’ tax treatment, the since then modified prima facie non-discriminatory legislation comes back before the CJEU, as a ‘restrictive’ measure this time. On a side note, the question arises whether some other Belgian provisions might actually constitute equally applicable measures with restrictive effects infringing some of the EU […]

MiFID II entry into force delayed for one year!

On 10 February 2016, the Commission has proposed a one-year extension for the entry into force of the revised Markets in Financial Instruments Directive, i.e. MiFID II. Given the previous statements by ESMA Chairman, Steven Maijoor and MiFID II Rapporteur, Markus Ferber, the proposed extension does not come as a surprise. The reason for the […]

Marleen Mouton_5

On 10 February 2016, the Commission has proposed a one-year extension for the entry into force of the revised Markets in Financial Instruments Directive, i.e. MiFID II. Given the previous statements by ESMA Chairman, Steven Maijoor and MiFID II Rapporteur, Markus Ferber, the proposed extension does not come as a surprise. The reason for the […]

European Commission proposes Anti-Tax Avoidance Package

On 28 January 2016, the EU Commission presented its Anti-Tax Avoidance Package.  The continuing political will to address tax avoidance may result in the 100% consensus required by EU Member States to effect the proposed tax changes. The EU-28 governments will have to decide if they are willing to go further than the G20/OECD BEPS […]

philippe-vanclooster-author

On 28 January 2016, the EU Commission presented its Anti-Tax Avoidance Package.  The continuing political will to address tax avoidance may result in the 100% consensus required by EU Member States to effect the proposed tax changes. The EU-28 governments will have to decide if they are willing to go further than the G20/OECD BEPS […]

Insurance Distribution Directive published in Official Journal of the EU

Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution was published in the Official Journal on 2 February 2016. 1. In general The Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (IDD) (previously named ‘Insurance Mediation […]

Marleen Mouton_5

Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution was published in the Official Journal on 2 February 2016. 1. In general The Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (IDD) (previously named ‘Insurance Mediation […]

IFRS 16 – Leases Standard

The International Accounting Standards Board (‘IASB’) announced a new leasing standard that will come into effect on 1 January 2019 (earlier application permitted for accounting periods ending on or after 1 January 2017). This new standard requires lessees to recognise nearly all leases– with an exemption for short-term and low-value asset leases – on the […]

Jorgen_Broothaers

The International Accounting Standards Board (‘IASB’) announced a new leasing standard that will come into effect on 1 January 2019 (earlier application permitted for accounting periods ending on or after 1 January 2017). This new standard requires lessees to recognise nearly all leases– with an exemption for short-term and low-value asset leases – on the […]

Meal vouchers and non-recurring collective bonuses – adjustment to maximum amounts

The Act of 6 December 2015 contained the following adjustments with respect to ‘meal vouchers’ and ‘non-recurrent collective bonuses’, applicable as from 1 January 2016.

nicolas-de-limbourg-author

The Act of 6 December 2015 contained the following adjustments with respect to ‘meal vouchers’ and ‘non-recurrent collective bonuses’, applicable as from 1 January 2016.

Enhanced transparency for multinational enterprises: Multilateral agreement enabling automatic sharing of Country-by-Country reports signed

31 countries signed the Multilateral Competent Authority Agreement (MCAA) on 28 January 2016, which will bring greater sharing of information in international tax matters. The MCCA provides for the automatic exchange of Country-by-Country reports, enabling tax administrations to obtain a complete understanding of how multinational enterprise operations are structured across the value chain, while ensuring […]

Jonas Van de Gucht - Director - PwC belgium

31 countries signed the Multilateral Competent Authority Agreement (MCAA) on 28 January 2016, which will bring greater sharing of information in international tax matters. The MCCA provides for the automatic exchange of Country-by-Country reports, enabling tax administrations to obtain a complete understanding of how multinational enterprise operations are structured across the value chain, while ensuring […]

Belgium – Reduced dividend withholding tax rate of 1.6995% for minority corporate shareholders

The Belgian withholding tax act has been recently modified as a result of the European ‘Tate & Lyle’ case. The new Act limits the withholding tax on dividends distributed to foreign minority corporate shareholders by Belgian companies to 1.6995% instead of 27%, if certain conditions are met. In 2012, the European Court of Justice ruled that the Belgian dividend […]

lieven-schoonjans-author

The Belgian withholding tax act has been recently modified as a result of the European ‘Tate & Lyle’ case. The new Act limits the withholding tax on dividends distributed to foreign minority corporate shareholders by Belgian companies to 1.6995% instead of 27%, if certain conditions are met. In 2012, the European Court of Justice ruled that the Belgian dividend […]

New draft legislation published on the status and supervision of insurance or reinsurance companies

This draft legislation proposes important new rules for reinsurance companies and fills certain gaps currently existing in the law. 1. Current legislation The legislation on insurance and reinsurance companies is currently split into two parts: the Act of 9 July 1975 on the control of insurance companies (the Insurance Act) and the Act of 16 […]

Marleen Mouton_5

This draft legislation proposes important new rules for reinsurance companies and fills certain gaps currently existing in the law. 1. Current legislation The legislation on insurance and reinsurance companies is currently split into two parts: the Act of 9 July 1975 on the control of insurance companies (the Insurance Act) and the Act of 16 […]

Belgian Net Asset Tax before the Court of Justice of the EU – AG’s Opinion released

According to the Advocate General’s opinion issued on 21 January 2016, the Belgian Net Asset Tax applied to foreign investment funds is compatible with European law.   The Court of Justice of the European Union (CJEU) was requested, by the Court of Appeal of Brussels, to grant a preliminary ruling on the compatibility, with European […]

olivier-hermand-author

According to the Advocate General’s opinion issued on 21 January 2016, the Belgian Net Asset Tax applied to foreign investment funds is compatible with European law.   The Court of Justice of the European Union (CJEU) was requested, by the Court of Appeal of Brussels, to grant a preliminary ruling on the compatibility, with European […]

Belgium – New flexible deadline for the first FATCA reporting

On 18 January 2016, the Belgian Federal Public Service of Finance (FPS Finance) announced that, following consultation with the financial sector, it will apply an administrative tolerance as regards the introduction of the FATCA files relating to income year 2014. This information has to be communicated to the FPS Finance at the latest on 15 […]

stephane_martin-150x150

On 18 January 2016, the Belgian Federal Public Service of Finance (FPS Finance) announced that, following consultation with the financial sector, it will apply an administrative tolerance as regards the introduction of the FATCA files relating to income year 2014. This information has to be communicated to the FPS Finance at the latest on 15 […]

Securities Financing Transactions Regulation enters into force

The new Regulation on transparency of Securities Financing Transactions (also known as SFTR) was published in the Official Journal of the EU on 23 December 2015 and entered into force on 12 January 2016.  The SFTR is part of the Commission’s action plan on shadow banking and aims to improve the transparency of certain transactions […]

Marleen Mouton_5

The new Regulation on transparency of Securities Financing Transactions (also known as SFTR) was published in the Official Journal of the EU on 23 December 2015 and entered into force on 12 January 2016.  The SFTR is part of the Commission’s action plan on shadow banking and aims to improve the transparency of certain transactions […]

Wage withholding tax scales as applicable for income year 2016

The Royal Decree of 16 December 2015 containing the Belgian wage withholding tax scales for income year 2016 was published in the Belgian Official Gazette of 21 December 2015. These annually updated wage withholding tax scales are applicable (for payroll purposes) to income that will be paid or attributed to individual resident or non-resident taxpayers […]

nicolas-de-limbourg-author

The Royal Decree of 16 December 2015 containing the Belgian wage withholding tax scales for income year 2016 was published in the Belgian Official Gazette of 21 December 2015. These annually updated wage withholding tax scales are applicable (for payroll purposes) to income that will be paid or attributed to individual resident or non-resident taxpayers […]

Adjustment with respect to the tax reduction for pension savings

A bill of law containing various provisions was recently submitted to Belgian Parliament. Amongst other measures this draft legislation contains a provision on the tax reduction for pension savings. In 2014 the European Court of Justice ruled that, as the Belgian tax reduction for pension savings is only possible for payments made to Belgian institutions and funds, […]

nicolas-de-limbourg-author

A bill of law containing various provisions was recently submitted to Belgian Parliament. Amongst other measures this draft legislation contains a provision on the tax reduction for pension savings. In 2014 the European Court of Justice ruled that, as the Belgian tax reduction for pension savings is only possible for payments made to Belgian institutions and funds, […]

Global Tax Accounting Services Newsletter (October-December 2015)

The topics featured in this edition are among others: accounting and reporting updates recent and upcoming major tax law changes key tax accounting areas for year-end The newsletter can be consulted here.  

koen-de-grave-author

The topics featured in this edition are among others: accounting and reporting updates recent and upcoming major tax law changes key tax accounting areas for year-end The newsletter can be consulted here.  

Benefit in kind – Private use of a company car: Updated formula for 2016

The new reference CO2 emission for calculating the taxable benefit in kind for the private use of a company car in the hands of company directors and employees has been published in the Royal Decree of 9 December 2015. For income year 2016, the following CO2 emission will be applied to the above taxable benefit in […]

nicolas-de-limbourg-author

The new reference CO2 emission for calculating the taxable benefit in kind for the private use of a company car in the hands of company directors and employees has been published in the Royal Decree of 9 December 2015. For income year 2016, the following CO2 emission will be applied to the above taxable benefit in […]

Belgium to introduce a new capital gains tax

In the framework of the ‘Tax Shift’ agreement, the Belgian government announced a new speculative tax (or capital gains tax, below ‘CGT’). The bill of law on measures for strengthening job creation and purchasing power dated 10 December 2015 provides further details in this respect. Speculative tax/capital gains tax In a nutshell, here are the […]

olivier-hermand-author

In the framework of the ‘Tax Shift’ agreement, the Belgian government announced a new speculative tax (or capital gains tax, below ‘CGT’). The bill of law on measures for strengthening job creation and purchasing power dated 10 December 2015 provides further details in this respect. Speculative tax/capital gains tax In a nutshell, here are the […]

FATCA & CRS – Belgian bill – Flexible application of 10 days deadline

On 15 December 2015, the Belgian Federal Public Service of Finance (“FPS Finance”) issued a communication with respect to the bill voted on 10 December 2015 implementing (amongst other things) Directive 2014/107/EU (amending Directive 2011/16/EU as regards automatic exchange of information in the field of taxation) and the US-Belgium Intergovernmental Agreement of 23 April 2014 (on […]

stephane_martin

On 15 December 2015, the Belgian Federal Public Service of Finance (“FPS Finance”) issued a communication with respect to the bill voted on 10 December 2015 implementing (amongst other things) Directive 2014/107/EU (amending Directive 2011/16/EU as regards automatic exchange of information in the field of taxation) and the US-Belgium Intergovernmental Agreement of 23 April 2014 (on […]

FATCA & CRS – Belgian bill adopted

On 10 December 2015, the Belgian Parliament voted – in plenary session – the bill “on the communication of information relating to financial accounts, by Belgian financial institutions and the Federal Public Authority of Finance, within the framework of an automatic exchange of information at international level for tax purposes”. The purpose of this new […]

stephane_martin

On 10 December 2015, the Belgian Parliament voted – in plenary session – the bill “on the communication of information relating to financial accounts, by Belgian financial institutions and the Federal Public Authority of Finance, within the framework of an automatic exchange of information at international level for tax purposes”. The purpose of this new […]

Belgian Minister of Finance sheds light on implementation of BEPS related measures

The Belgian Minister of Finance has just shared new insights on how Belgium will be addressing the outcome of the OECD/G20 project in relation to Base Erosion and Profit Shifting (“BEPS”). He opted to do so via the “Plan to combat tax fraud”. The title of his policy note is misleading since the document covers, […]

patrick-boone-author

The Belgian Minister of Finance has just shared new insights on how Belgium will be addressing the outcome of the OECD/G20 project in relation to Base Erosion and Profit Shifting (“BEPS”). He opted to do so via the “Plan to combat tax fraud”. The title of his policy note is misleading since the document covers, […]

NBB publishes circular introducing governance manual for banking sector

Since the introduction of the new Banking Act[1], various governance rules have been updated and further detailed. The National Bank of Belgium published on 7 December 2015 a circular that introduces a governance manual for the banking sector. This manual aims to combine and clarify all governance policy documents applicable to credit institutions. The financial crisis drew […]

olivier-hermand-author

Since the introduction of the new Banking Act[1], various governance rules have been updated and further detailed. The National Bank of Belgium published on 7 December 2015 a circular that introduces a governance manual for the banking sector. This manual aims to combine and clarify all governance policy documents applicable to credit institutions. The financial crisis drew […]

Have you considered the VAT impact when dealing with Transactions?

In today’s tax world, considering VAT in a timely manner is key to limiting the negative impact it can have on your transaction budget. VAT on transactions can lead to either VAT savings or a VAT burden depending on various factors. Recent developments in EUCJ case law that allows VAT deduction for active management holding […]

christoph-zenner-author

In today’s tax world, considering VAT in a timely manner is key to limiting the negative impact it can have on your transaction budget. VAT on transactions can lead to either VAT savings or a VAT burden depending on various factors. Recent developments in EUCJ case law that allows VAT deduction for active management holding […]

Increase of purchasing power of employees for 2016 and 2017

We hereby inform you that the industrial partners have concluded a new sectoral agreement for Joint Committee (JC) 200 for the years 2016 and 2017. This JC replaces the previous JC 218 and is applicable to your firm in Belgium. After the index leap and the limited maximum margin for wage increase for 2014 and 2015 (see […]

bart-elias-author

We hereby inform you that the industrial partners have concluded a new sectoral agreement for Joint Committee (JC) 200 for the years 2016 and 2017. This JC replaces the previous JC 218 and is applicable to your firm in Belgium. After the index leap and the limited maximum margin for wage increase for 2014 and 2015 (see […]

New dispensation to calculate the days of presence of Belgian tax residents in Luxembourg

Just before the summer holidays, the Belgian tax authorities have published a Practice Note (Practice Note AGFisc No. 22/2015 (No. Ci.700.520) dated 1st June 2015) regarding the amicable agreement of 16 March 2015 on the application of section 15 of the Belgian-Luxembourg treaty for the avoidance of double taxation. The agreement has introduced, from 1st […]

nicolas-de-limbourg-author

Just before the summer holidays, the Belgian tax authorities have published a Practice Note (Practice Note AGFisc No. 22/2015 (No. Ci.700.520) dated 1st June 2015) regarding the amicable agreement of 16 March 2015 on the application of section 15 of the Belgian-Luxembourg treaty for the avoidance of double taxation. The agreement has introduced, from 1st […]

Progress regarding implementation of Single (work and residence) Permit Directive

The EU Single Permit Directive 2011/98/EU requires the member states to adopt a single combined work and residence permit application procedure, and it needed to be transposed into national legislation by 23 December 2013. In Belgium, the implementation of the Directive suffered quite some delay. The reason for this is that the residence permit related […]

bart-elias-author

The EU Single Permit Directive 2011/98/EU requires the member states to adopt a single combined work and residence permit application procedure, and it needed to be transposed into national legislation by 23 December 2013. In Belgium, the implementation of the Directive suffered quite some delay. The reason for this is that the residence permit related […]

Draft Program Act of 26 November 2015 – Tax measures

A draft Program Act has recently been submitted to Belgian Parliament, containing the following tax measures: When a former employee has entered into the system of unemployment with company surcharge, takes up a new employment with another employer (or becomes self-employed), he is in principle still entitled to receive the company surcharge. This surcharge (and additional […]

nicolas-de-limbourg-author

A draft Program Act has recently been submitted to Belgian Parliament, containing the following tax measures: When a former employee has entered into the system of unemployment with company surcharge, takes up a new employment with another employer (or becomes self-employed), he is in principle still entitled to receive the company surcharge. This surcharge (and additional […]

Lists of tax havens revised

On 27 November 2015 the Council of Ministers revised the lists of tax havens that apply for the purposes of the so-called dividends-received deduction (‘DRD’) and the reporting obligation for payments (to tax havens). Two draft Royal Decrees have been approved that add or delete certain countries to or from the lists following changes to […]

philippe-vanclooster-author

On 27 November 2015 the Council of Ministers revised the lists of tax havens that apply for the purposes of the so-called dividends-received deduction (‘DRD’) and the reporting obligation for payments (to tax havens). Two draft Royal Decrees have been approved that add or delete certain countries to or from the lists following changes to […]

End of year is approaching: rules of the game for gift vouchers

One option to reward employees in a tax-friendly manner at the end of this year is to provide them with a gift, i.e. gifts in kind or in cash, or vouchers for books, sporting and cultural events, movies, etc. As a general rule, gifts are in principle considered as remuneration and thus subject to social […]

bart-elias-author

One option to reward employees in a tax-friendly manner at the end of this year is to provide them with a gift, i.e. gifts in kind or in cash, or vouchers for books, sporting and cultural events, movies, etc. As a general rule, gifts are in principle considered as remuneration and thus subject to social […]

Single resolution fund on schedule for 1 January 2016

The EU’s single resolution mechanism will enter into force, as scheduled, on 1 January 2016. This signals completion of the second pillar of Europe’s banking union. As of 30 November 2015, a sufficient number of member states ratified an intergovernmental agreement (IGA) on the transfer and mutualisation of contributions to a single resolution fund (SRF). This […]

olivier-hermand-author

The EU’s single resolution mechanism will enter into force, as scheduled, on 1 January 2016. This signals completion of the second pillar of Europe’s banking union. As of 30 November 2015, a sufficient number of member states ratified an intergovernmental agreement (IGA) on the transfer and mutualisation of contributions to a single resolution fund (SRF). This […]

Financial Sector Contribution: (proposed) rates increases

On 26 November, the Belgian Government introduced a bill of law comprising, already, some changes to the brand-new Financial Sector Contribution (FSC) introduced by the Act of 10 August 2015. As a reminder, the FSC is the result of the multiplication of three factors: “FSC = Qualifying Liabilities x FSC Rate x NID Rate”. It […]

olivier-hermand-author

On 26 November, the Belgian Government introduced a bill of law comprising, already, some changes to the brand-new Financial Sector Contribution (FSC) introduced by the Act of 10 August 2015. As a reminder, the FSC is the result of the multiplication of three factors: “FSC = Qualifying Liabilities x FSC Rate x NID Rate”. It […]

Fund structuring – Impact of BEPS

One of the most important decision-making factors that an asset manager (General Partner – GP) considers in setting up a fund is to ensure that the investment structure is tax neutral for its investor (Limiter Partners – LPs) and provides for the most reliable regulatory framework. The complexity of setting up international investment vehicles pooling […]

hughes-lamon-author

One of the most important decision-making factors that an asset manager (General Partner – GP) considers in setting up a fund is to ensure that the investment structure is tax neutral for its investor (Limiter Partners – LPs) and provides for the most reliable regulatory framework. The complexity of setting up international investment vehicles pooling […]

European Parliament accepts possible delay MiFID II

In an official statement that was published by the European Parliament on Friday 27 November 2015, MiFID II Rapporteur Markus Ferber tentatively accepted a one-year delay of the implementation deadline. The statement says: “The European Parliament’s negotiation team has informed the European Commission that we are ready to accept a one-year delay of the entry […]

geraldine-dargembeau

In an official statement that was published by the European Parliament on Friday 27 November 2015, MiFID II Rapporteur Markus Ferber tentatively accepted a one-year delay of the implementation deadline. The statement says: “The European Parliament’s negotiation team has informed the European Commission that we are ready to accept a one-year delay of the entry […]

VAT on directors’ fees: application as from 1 April instead of 1 January 2016

The Belgian VAT authorities have decided to abolish the tolerance for companies acting as directors to carry out their services without charging VAT. In practice this means that a company will not be able to charge directors’ fees without charging VAT. It has now been announced that the tolerance will be abolished as from 1 […]

christoph-zenner-author

The Belgian VAT authorities have decided to abolish the tolerance for companies acting as directors to carry out their services without charging VAT. In practice this means that a company will not be able to charge directors’ fees without charging VAT. It has now been announced that the tolerance will be abolished as from 1 […]

Tax reform announced in the Flemish Region

Following the recent tax reform announcements in the Brussels Capital Region and Walloon Region, the Flemish Government has recently also announced a reform on the ‘tax reduction for mortgage loans concluded for the sole and own dwelling’. The changes envisaged will apply to mortgage loans concluded as of 2016. The condition of ‘sole’ dwelling will be abolished. Consequently, […]

nicolas-de-limbourg-author

Following the recent tax reform announcements in the Brussels Capital Region and Walloon Region, the Flemish Government has recently also announced a reform on the ‘tax reduction for mortgage loans concluded for the sole and own dwelling’. The changes envisaged will apply to mortgage loans concluded as of 2016. The condition of ‘sole’ dwelling will be abolished. Consequently, […]

Indexation of minimum required salary for work permit of highly-qualified and managerial employees

In order to obtain a Belgian work permit for individuals in the capacity of highly qualified or managerial employees, a specific minimum salary has to be observed, as provided under Belgian immigration law. This minimum salary is indexed every year. Our office was informed by the immigration authorities of the Brussels Region about the indexation of […]

bart-elias-author

In order to obtain a Belgian work permit for individuals in the capacity of highly qualified or managerial employees, a specific minimum salary has to be observed, as provided under Belgian immigration law. This minimum salary is indexed every year. Our office was informed by the immigration authorities of the Brussels Region about the indexation of […]

MiFID II implementation potential delay

In a speech to the EU Parliament, Steven Maijoor, Chairman of the ESMA, flagged that the current MiFID II timetable is “extremely tight” and delaying certain parts of it might be needed. In a separate statement, a spokesman of the European Commission stated “the most legally sound approach would be to delay the whole package […]

geraldine-dargembeau

In a speech to the EU Parliament, Steven Maijoor, Chairman of the ESMA, flagged that the current MiFID II timetable is “extremely tight” and delaying certain parts of it might be needed. In a separate statement, a spokesman of the European Commission stated “the most legally sound approach would be to delay the whole package […]

Sveda case: Can a Baltic mythology park trigger an important EUCJ judgment on VAT deduction ?

The EUCJ is sometimes taking key positions in an improbable context. This is such a case ! The VAT deduction on the construction of a Baltic mythology recreational park has been rejected, as the park is only having limited VAT taxable output linked to its souvenir shop, but the access to the park, whose construction was 90% […]

christoph-zenner-author

The EUCJ is sometimes taking key positions in an improbable context. This is such a case ! The VAT deduction on the construction of a Baltic mythology recreational park has been rejected, as the park is only having limited VAT taxable output linked to its souvenir shop, but the access to the park, whose construction was 90% […]

Management exit considerations: capital gains tax treatment

Retaining and incentivising the management of portfolio companies is key for private equity firms. Managers will thus invest alongside with investors and enter into some incentive arrangements. At a future exit, they may then expect to walk away from their investment with a significant return. Belgian managers may invest through a personal holding company or […]

hughes-lamon-author

Retaining and incentivising the management of portfolio companies is key for private equity firms. Managers will thus invest alongside with investors and enter into some incentive arrangements. At a future exit, they may then expect to walk away from their investment with a significant return. Belgian managers may invest through a personal holding company or […]

Uncertainty over Income Tax Treatments under IFRS

On 21 October 2015, the IFRS Interpretations Committee (‘IFRS IC’) published for public comment an Interpretation on how uncertainty over income tax treatments should affect the accounting for income taxes. In short, it is the IFRS equivalent of US GAAP Interpretation ASC 740-10 (formerly FIN 48). Whilst the Interpretation is currently only in draft form, […]

koen-de-grave-author

On 21 October 2015, the IFRS Interpretations Committee (‘IFRS IC’) published for public comment an Interpretation on how uncertainty over income tax treatments should affect the accounting for income taxes. In short, it is the IFRS equivalent of US GAAP Interpretation ASC 740-10 (formerly FIN 48). Whilst the Interpretation is currently only in draft form, […]

Luxembourg, Cyprus and Seychelles removed from OECD’s list of uncooperative tax havens

On 30 October 2015, the OECD’s Global Forum on Transparency and Exchange of Information for Tax Purposes (‘Global Forum’) announced that Cyprus, Luxembourg and the Seychelles are no longer deemed to be non-compliant with the OECD Exchange of Information standard and assigned a new overall rating of ‘Largely Compliant’, following significant changes to their legal […]

philippe-vanclooster-author

On 30 October 2015, the OECD’s Global Forum on Transparency and Exchange of Information for Tax Purposes (‘Global Forum’) announced that Cyprus, Luxembourg and the Seychelles are no longer deemed to be non-compliant with the OECD Exchange of Information standard and assigned a new overall rating of ‘Largely Compliant’, following significant changes to their legal […]