Double tax treaty Belgium – The Netherlands: Belgian Supreme Court counters subject to tax clause
On January 25, 2018 the Belgian Supreme Court rendered a decision with respect to the application of the Belgian-Dutch double tax treaty. In doing so, the Supreme Court has taken a rather uncommon approach as to the interpretation of the subject to tax clause. Based on article 17.1. of the Belgian-Dutch double tax treaty, the
Update: It’s a go for the option to apply VAT on ‘new’ immovable letting!
This weekend, the core cabinet of the Belgian Government (finally) reached an agreement on the possibility for landlords to apply VAT on certain immovable lettings. With a view of raising our country’s and the markets’ competitiveness, the Belgian Government has for quite some time been juggling (and struggling) with the idea to apply VAT on
Want to avoid surcharges? Making an appropriate amount of advance tax payment for Q 1 will help!
Companies/branches can make a first advance tax payment for the ongoing financial year by 10 April 2018 (in case of FY per 31/12). For assessment year 2019, the global surcharge has increased to 6.75% (compared to 2.25% for assessment year 2018). This surcharge will always be due. The prior year tolerance – relating to the
OECD releases additional guidance on the attribution of profits to a permanent establishment under BEPS Action 7
On 22 March 2018, the OECD released the report Additional Guidance on the Attribution of Profits to Permanent Establishments (BEPS Action 7). This report contains additional guidance on the attribution of profits to permanent establishments resulting from the changes to the definition of permanent establishment in the Report on BEPS Action 7 to Article 5 of the
New Double Tax Treaty between France and Luxembourg: impact on real estate structures
On March 20, the Luxembourg and French Governments have signed, amongst other, a new double tax treaty (DTT), together with an accompanying Protocol. The new DTT seeks to modernise the rules applying. The current treaty between Luxembourg and France was signed as long ago as 1 April 1958. The new DTT is fully “post-BEPS”. It
Mobility budget – Agreement within the Federal Government
Earlier this week, the anticipated legislation regarding the mobility allowance (“cash for car”) was approved by Parliament. Following the advice and remarks from several official institutions, the government also started working on the introduction of a mobility budget. It is anticipated that when the mobility budget, will also become legislation, it will co-exist with the
European Commission proposes new rules on the taxation of the digital economy
On 21 March 2018, the European Commission published its EU digital tax package on the taxation of the digital economy. The package contains among other things two new draft EU Directives for a comprehensive long-term solution (laying down rules relating to the corporate taxation of a “significant digital presence”) and a short term/interim solution to
The Belgian tax on securities accounts published in the official Belgian Gazette
In the Newsflash of 12 February 2018, we already made reference to the new rules regarding the Belgian tax on securities accounts. These rules have now been introduced by the Belgian law of 7 February 2018, which was published in the Official Gazette on 9 March 2018. In a nutshell, this new regime is a wealth