The Luxembourg Reserved Alternative Investment Fund (RAIF) – Updated
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
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
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.
Mergers and (partial) demergers in case of negative net equity
Mergers and (partial) demergers in case of negative net equity Although nothing in Belgian company law or tax legislation explicitly indicates that companies with a negative net equity are not allowed to participate in a merger (or demerger or partial demerger), legal doctrine is divided as to whether such a transaction is possible if
Debt waivers without a tax cash out (?)
Last week, Belgian Minister of Finance Van Peteghem announced to extend the scope of the existing Belgian tax exemption for debt waivers to non-judicial debt reorganizations. This is very relevant for debt restructurings involving Belgian debtors, especially as the 2018 Belgian tax reform introduced a cap on the amount of certain tax attributes (such as
Brexit does not only impact fishing territories but also M&A transactions
During the holidays and after lengthy negotiations, the EU and the UK agreed on a Brexit – deal. As foreseen, on 1 January 2021, the transition period during which the UK was still considered a Member State of the EU and European Economic Area (EEA) has ended. Among a variety of topics, this is
Consolidation of Joint Ventures not always required for the 30% EBITDA rule
As from assessment year 2020 (FY starting as from 1 January 2019) a 30% EBITDA rule limits the maximum amount of interest relief, whereby ‘exceeding borrowing costs’ are only tax deductible up to the higher of 30% of the tax-adjusted EBITDA or €3m. This de minimis rule should be calculated at Belgian group level. Based
COVID-19 #17 Carry-back of tax losses approved by Chamber, cash savings for companies with COVID-19 losses
In the beginning of the COVID-19 health crisis some measures were undertaken with an immediate short-term cash effect, such as the extension of the deadline for tax payments and filings. Recently, as the COVID-19 health crisis appears to be under control, the attention of the Belgian government has been shifting towards measures aimed to cope
