News articles written by Nancy De Beule

Tax and legal aspects of ESG in an M&A context – pre-deal phase

20 January 2023

With the structural climate/sanitary reality and economic challenges, ESG (Environmental/Ecological, Social/Sustainable and Governance) has grown in importance for all stakeholders of an enterprise. So it’s no surprise that ESG has also become a hot topic in M&A projects and that Tax and Legal related ESG topics should be included in every step of a deal

Restructuring your family enterprise within 3 years after a gift or inheritance

10 January 2023

A recent preliminary decision (October 2022) of the Flemish tax authorities was rendered on the question whether a full demerger of a family enterprise would impact the qualification of a family enterprise for gift tax purposes.  The facts: an active family enterprise (holding) was donated by the parents /donors – with certain control mechanisms –

Limitation of excess DRD after merger is in line with Parent-Subsidiary Directive

2 November 2022

On 20 October 2022, the European Court of Justice (ECJ) rendered its judgment in the “Allianz Benelux” case relating to the limitation of excess dividends-received deduction (DRD) of Belgian companies that are involved in a tax-neutral merger.  A dividend received by a Belgian company is in principle taxable income. But if certain conditions are met

The Luxembourg Reserved Alternative Investment Fund (RAIF) – Updated

8 June 2022

Luxembourg RAIFs are increasingly used in order to provide debt funding for acquisitions. Until recently it was uncertain how interest paid by a Belgian company to a RAIF is to be treated from a Belgian withholding tax perspective. Two recent decisions of the Belgian Supreme Court provide more clarity. The RAIF Regime  In 2016, Luxembourg