News articles written by Olivier Hermand

Update on FATCA-related IRS forms

12 March 2014

Please find below the status of FATCA-related forms and instructions. Links are included when available. The list will be updated and recirculated as additional forms are released by the IRS. Form w/ link Title Status 2014 Form 1042 Instructions Annual Withholding Tax Return for U.S. Source income of Foreign Persons Final 2014-03-04 2014 Form 1042-S

FATCA, four months to go!

3 March 2014

In brief The US Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) released on 20 February 2014 two sets of final and temporary regulations.  The first set contains changes to the provisions of Chapter 4 of the Internal Revenue Code (Code) commonly referred to as the Foreign Account Tax Compliance Act (FATCA

US Treasury and IRS release updates to FATCA regulations

26 February 2014

The US Treasury and the IRS released on 20 February two key updates to FATCA and related regulations: Final and temporary regulations for FATCA Coordinating regulations for Chapters 3, 4 and 61 These regulations are lengthy (over 550 pages) and contain numerous changes that will likely impact how FATCA is implemented by foreign financial institutions

EU FTT: time for the EU-11 to “compromise” and “deliver”?

26 February 2014

All eyes were on Wednesday 19 February Franco-German meeting to see if it would provide a catalyst for the EU Financial Transaction Tax (EU FTT).  The German and French leaders publicly restated their commitment to lead the way on EU FTT and also offered a self-imposed, concrete timeline for a compromise proposal by May this year. 

New Global Standard for Automatic Exchange of Tax Information

18 February 2014

In response to a mandate from G20 leaders aimed at reinforcing action against tax avoidance and evasion as well as introduce even greater trust and transparency into the international tax system, the OECD has unveiled today a new single global standard for the automatic exchange of information between tax authorities worldwide. Developed by the OECD

Foreign Tax Credit (QFIE/FBB) System not Compliant to Belgian Constitution

4 February 2014

Decision The Court examines two aspects of the legislation, (1) the possible refund of FTC in case of insufficient taxable profits and (2) the gross-up of the FTC to the corporate tax base (link to decision FR/ NL). 1. Excess FTC (article 285 and 292 ITC) Under domestic law, a foreign tax credit excess may

Belgian savings pension system not in line with EU law

27 January 2014

On 23 January 2014, the Court of Justice of the European Union (the Court) issued its decision in Case C‑296/12 Commission v. Kingdom of Belgium. The Court declared that, by introducing and maintaining a tax reduction in respect of contributions paid to a savings pension (savings account or savings insurance) in so far as that reduction