News articles written by Nancy De Beule

New ways to carving-out and integrating your business in Belgium not always tax neutral

6 February 2024

 In 2023, new ways of performing carve-out and integrating your business became possible from a legal perspective. Meanwhile the tax law has also been adapted to enable you to perform these new ways of reorganising your group structure tax-free. Nevertheless, still some problems remain and sufficient attention should be paid to the tax consequences of

Tax and Legal aspects of ESG in an M&A context – The deal Execution phase

8 January 2024

  In previous articles, we zoomed in on the importance of managing carefully the ESG (or at large “Sustainability”) hard and soft laws during the pre-deal phase of the M&A process. It was demonstrated that dealing/understanding the sustainability challenges during both the deal sourcing as well as the due diligence phase, actually contributes ultimately to

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