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

Key real estate issues in the due diligence process of M&A transactions raised by the New Property Law

3 June 2022

Following the New Property Law of 4 February 2020 (which entered into force on 1st September 2021), important changes were introduced regarding amongst others long term lease rights and building rights. These changes can also have an impact on M&A transactions, for certain topics more flexibility is created whereas for other topics the New Property Law is more strict. Learn more

W&I insurance in M&A transactions

20 April 2022

In recent years we have seen an increase in W&I insurance and it is expected that this trend will continue. This does not come as a surprise as W&I insurance can help establishing deal certainty and peace of mind post-closing. We frequently receive questions on what W&I insurance is and how it works in practice.