NETHERLANDS – Preliminary ruling on the 150 km criterion of the 30% regime
On 24 February 2015, the European Court of Justice (‘ECJ’) issued a preliminary ruling on the question whether the 150 km criterion of the 30% regime for incoming workers is to be upheld. The 150 km criterion applies to the 30% regime since 1 January 2012. Employees residing at a distance of less than 150
Administrative cost charged for certain Belgian residence applications from 2 March 2015
The intention of the Government to apply charges for residence applications in order to cover the administrative costs was already present in the Program Act of 19 December 2014. On 16 February 2015, the Government approved a new Royal Decree, which becomes effective on 2 March 2015. Individuals who apply for Belgian residence will be charged an
Constitutional Court rules: different tax treatment of capital reduction is not discriminatory
On 19 February 2015, the Belgian Constitutional Court ruled that the tax treatment of income from a capital reduction in the hands of a Belgian company is not discriminatory, compared to the tax rules applicable to such income in the hands of a Belgian private individual. In the case at hand, a Belgian company had acquired
New rules regarding the issuance of certificates of residence for Undertakings for Collective Investment
With the new Circular, Circular L.G.-A. n°61 of 12 February 2015, the Luxembourg Tax Authorities clarify and provide new rules as from February 2015 concerning the issuance of certificates of residence for Luxembourg Undertakings for Collective Investment (UCIs). The new administrative clarifications are expected to have a positive effect on the Luxembourg UCI market, strengthening Luxembourg’s
Customer and Investor Tax Transparency – Updates on Tax Transparency and Exchange of Information
Updates highlighted in this issue IRS Releases Revised Publication on FATCA Data Exchange Service with Testing Sessions now available FATCA IDES Sample Test Packet Form 1042-S instructions have been released Bulgaria approves IGA (signed 5 December 2014) Jersey draft guidance Jersey’s statement on tax transparency Poland will participate in the implementation of FATCA Luxembourg draft
Additional wave of tax audits to be expected with respect to withholding tax exemptions
The amount of wage withholding taxes to be withheld by the employer is based on the withholding income tax scales published in a Royal Decree. The Belgian Income Tax Code provides for several exemptions (overtime, R&D, night and shift work, etc.) with respect to the remittance of Belgian withholding taxes. During 2014, the Belgian tax authorities
Belgian Fokus Bank claims – Court of Appeal of Antwerp has ruled against Belgian State
In a – recently published – judgment of 3 June 2014, the Court of Appeal of Antwerp ruled against the Belgian State and ordered it to refund the Belgian withholding tax suffered by a Dutch real estate fund on a dividend distributed by its Belgian subsidiary. This judgment – which established discrimination of the Dutch
European Commission announces investigation into Belgian excess profit ruling system
On 3 February 2015, the European Commission released a press release announcing an in-depth investigation into a Belgian tax provision that allows group companies to reduce their corporate tax basis with a profit part that results from the advantage of belonging to a multinational group, on the basis of what is referred to as an “excess profit” tax ruling. The press release
