Court of Appeal ruling on travel services provision may affect your VAT position
The Brussels Court of Appeal recently ruled that non-travel agent businesses may be classified as travel agents for VAT purposes if a substantial part of the services they perform relate to travel and accomodation. This classification as a travel agent would mean that the input VAT related to the travel agency activities would not in principle be deductible. Companies should therefore assess
Foreign EU VAT refunds for 2013 require action
Businesses that incurred VAT on business expenditure in the EU may be able to recover this VAT provided they apply the right procedures and comply with the deadlines of 30 June 2014 for non-EU businesses and 30 September 2014 for EU businesses. For non-EU businesses, claims must be submitted with the relevant local EU tax authority
Social security authorities exempt vans from CO2 tax
The social security authorities have recently adopted a new position on CO2 contributions on company vehicles. Principles of the current regime When an employer provides an employee with a company vehicle which can be used for purposes other than those strictly professional (i.e. private use, commuting from home to the workplace and collective transport of
New practice note: Withholding taxes for Belgian-sourced dividends received by Belgian-regulated investment companies
On 24 June 2014, the tax administration published a Practice Note on its website related to the 2013 modification of the withholding tax regime for Belgian-sourced dividends received by Belgian-regulated investment companies. The note provides comments on the tax regime both before and after the change in law introduced by the Act of 30 July
Danish National Tax Tribunal publishes its first decision regarding a cash pool arrangement
In early 2014,the National Tax Tribunal (Landsskatteretten) published its first transfer pricing decision regarding a cash pool arrangement. The decision concerns the determination of intercompany interest rates on deposits and borrowings in the cash pool. The National Tax Tribunal ruled that the Danish tax authorities were allowed to disregard the transfer pricing applied by the
EU Member States agree to amend the EU PSD to tackle hybrid loan arrangements
On 20 June 2014, the EU’s Council of Economic and Finance (ECOFIN) Ministers took place in Luxembourg. ECOFIN agreed amongst others on the amendments to the Parent-Subsidiary directive (PSD) and adopted conclusions on the report of the Code of Conduct Group on Business Taxation. Proposed amendments on the Parent – Subsidiary directive The ECOFIN agreed
Formal EU State Aid investigation into certain tax rulings
On June 11, 2014, the European Commission opened a formal State Aid investigation procedure into the transfer pricing arrangements and corporate taxation of certain companies in Ireland, the Netherlands and Luxembourg. See this link for more information. Wider inquiry into tax rulings In parallel to these three formal investigations, the Commission will continue its wider inquiry
Real Estate – VAT : Administration denounces artificial split of transactions in important renovation projects – application of 6% reduced VAT rate and more at stake !
For years, certain promotors have been marketing reconstruction or heavy renovation projects at a 6% reduced VAT rate. With its decision of 13 May 2014, VAT administration now clearly denounces legal constructions that have been devised with the [sole] purpose of attaining a reduced VAT rate and which consist in the artificial split of a