Tax neutral merger possible in Belgium in case of negative accounting net equity
When a merger is performed between two Belgian legal entities whereby the acquired company has a negative accounting net equity, the question pops-up whether such merger is possible and feasible to perform tax-free. Given that Belgian law does not explicitly require a positive net equity, it can be assumed a contrario that a merger should
Brexit update – Supreme Court calls Prime Minister Johnson to order HMRC issues further guidance on a no-deal Brexit
Last Tuesday morning, the UK Supreme Court ruled unanimously that Boris Johnson’s five-week suspension of Parliament was unlawful. Although this ruling can be considered another political defeat for the Prime Minister, Mr. Johnson is not planning on changing the UK’s path to leaving the European Union on 31 October 2019 and he rejected the calls
Administrative tolerance with respect to the UBO-register: no fines until 31 December
In previous news flashes we already informed you about the implementation of the UBO-register, the extension of the deadlines and the updates of the Frequently Asked Questions (FAQ). In the UBO-register, all legal entities need to register their ultimate beneficial owners. The deadline for the registration is set at 30 September 2019. In the absence
France: upcoming new withholding tax rules for French non-resident taxpayers
On 1 January 2019, France implemented the greatest change in its personal income tax system in over 40 years through the creation of a Pay As You Earn withholding system for French tax residents. This new system that applies to the great majority of income earned by French tax residents (i.e. wages & pensions) has
Extension of the due date: 26 September 2019 becomes 10 October 2019!
In the newsflash of 2 September 2019, we informed you that the Belgian companies (and foreign entities having a Belgian establishment) with a financial year that ended between 31 December 2018 and 31 March 2019 (both dates included) should, in principle, file their tax return by 26 September 2019. It has now been confirmed that this
Belgian subsidiaries of a listed company to register their corporate structure in the UBO-register
In previous news flashes we already informed you about the implementation of the UBO register, the extension of the deadlines and the updates of the Frequently Asked Questions (FAQ). In the updated version of the FAQ, published on 19 July 2019, the Belgian authorities stated that listed companies are exempted from registering their UBO’s if
Circular Letter regarding the “grandfathering” provision included in 30% EBITDA rule
On 11 September 2019, the Belgian tax administration published a Circular Letter regarding the grandfathering provision that is included in the recently introduced interest deductibility limitation (i.e. 30% EBITDA rule). The 30% EBITDA rule includes a grandfathering provision for loans that have been issued before 17 June 2016 and that have not been “fundamentally modified”
The due date for filing both the Belgian (non-resident) corporate income tax return and the local form ‘275 LF’ for assessment year 2019 is approaching: are you in control?
Both the Belgian (non-resident) corporate income tax return and the transfer pricing local form ‘275 LF’ are due soon. Below is an overview of the filing requirements. Corporate income tax return Belgian companies (and non-resident entities) have the yearly obligation to file a Belgian (non-resident) corporate income tax return by the statutory deadline. Filing a complete,
