New Administrative Circular regarding the Belgian Tax on Savings Income – Asset Test and BTIS computation in case of funds of funds
On June 10, 2021, the Belgian tax administration has issued the Administrative Circular number 2021/C/56 regarding the Belgian Tax on Savings Income (“BTSI” hereafter – article 19bis of the Belgian Income Tax Code). Circulaire 2021/C/56 – French Circulaire 2021/C/56 – Dutch The main objective of the above-mentioned circular is to highlight methodological points regarding the
Ruling of the Constitutional Court regarding the Cayman Tax applicable to legal constructions without legal personality
On the 28th of January, the Belgian Constitutional Court ruled in favour of an annulment of a modification of article 18, 3° BITC by the Program Law of 25 December 2017 which, in the context of the Cayman Tax, had aligned the tax regime of distributions made by the legal constructions without legal personality (“type
New Tax on Securities Accounts: Exemptions for the Financial Sector
On 5 January 2021, the Government published its bill introducing an annual tax on securities accounts in the Code of Various Duties and Taxes. As a recall, the tax is an annual tax on the holding of a securities account, levied at the rate of 0.15% on the average value of the account in excess
One step further in the digitisation of the administrative procedures of the Tax Authorities
Withholding tax returns (notably the tax returns 273 & 273 A) currently have to be submitted through the e-service “Prm-on-web” but this will soon be a thing of the past. Indeed, although WHT returns will still have to be submitted on “Prm-on-web” until Monday 19 October, 2020 (9 a.m.), from that date onwards, a new
Circular 2020/C/96 on the taxable basis of foreign movable income
On July 9, 2020, the Belgian Tax Administration published the Circular 2020/C/96 with respect to the determination of taxable income in case of collection of foreign movable income. It confirms that, in case of collection of a foreign movable income, the taxable amount is determined by deducting the foreign tax effectively withheld from the foreign
Administrative circular on spin-off transactions
On April 20th, 2020, the Belgian Tax Administration issued the circular 2020/C/55 further detailing the tax treatment of spin-off transactions according to article 264, first paragraph, 4° of the BITC 92. Context As a reminder, the so-called spin-off transactions are not demerger transactions nor transactions assimilated to a demerger, as defined by article 2, §1,
New measures for open-ended public undertakings for collective investment against the consequences of the COVID-19 epidemic
Summary The Royal Decree of 22 April 2020 aims to protect open-ended public undertakings for collective investment (“UCIs”) against the consequences of the COVID-19 epidemic and in particular protect the liquidity of such UCIs. UCIs that are confronted with redemption requests of their units have to sell, often at unfavourable prices, positions in their portfolios
COVID-19 measures and write-downs on receivables by financial institutions, back to deductibility issues raised during the financial crisis?
Following the measures taken by the various governments in Belgium and abroad to fight against the spread of the Covid-19, it can be expected that credit institutions take write-downs on receivables. In this respect, the Belgian tax authorities have published a circular on this topic earlier this week. In a nutshell, the tax authorities have
