News articles written by Olivier Hermand

Constitutional Court Annuls the Tax on Securities Accounts

19 October 2019

By law of 7 February 2018, the legislator introduced a tax on securities accounts (“taks op de effectenrekeningen”/“taxe sur les comptes-titres”). Many petitions to annul this law have been introduced before the Constitutional Court. In its judgement dd. 17 October 2019, the Constitutional Court annulled the law (and thus the tax), but decided to maintain

Belgian Tax on Savings Income (art. 19bis BITC): Important Practice Note

4 October 2019

Last week, the Belgian tax authorities published a practice note commenting on the scope of application of the Belgian Tax on Savings Income (or “Reynders Tax”). Capital Gains Tax. As a recall, the Belgian Tax on Savings Income (“BTSI”), also referred to as the Reynders Tax, (the main provision of which being “art. 19bis” of the Belgian Income Tax

First step in AIFMD review has been undertaken by European Commission

17 January 2019

On 10 January 2019, the European Commission published a Report on the operation of the alternative investment fund managers Directive (AIFMD). This report is a first step in the AIFMD review process and will ultimately lead to the revision of the rules. While emphasizing that AIFMD has globally been a key point in the development of

Belgian Tax on Securities Accounts: a Practice Note provides further guidance

29 May 2018

The Belgian tax administration has issued on 25 May 2018 a (welcomed) Practice Note providing further guidance regarding the Belgian Tax on Securities Accounts (BTSA). For recall, the BTSA applies to (foreign) individuals holding one or several (Belgian) securities accounts which totalized (on average) more than 500.000 euros during the reference period. In such a

Royal Decree of 8 May 2018: Private Pricafs get a boost

23 May 2018

Private Pricafs (Pricafs Privées / Private Privaks) are investment vehicles aimed at encouraging investments in risk capital and private equity. Due to certain regulatory features, the creation of Private Pricafs did not really take off since their appearance. To correct this situation, a Royal Decree including several adjustments on the regulatory side but also a

Belgian TIS: New Practice Note on the deduction of costs

15 May 2018

On 9 May 2018, the Belgian tax administration has issued a Practice Note providing guidance on the deduction of costs in the framework of the computation of the Belgian Taxable Income per Share, also known as “Belgian TIS” or “BTIS”. For recall, the BTIS allows an accurate taxation of Belgian private investors of certain capitalizing

The Belgian Tax on Securities Accounts soon published in the Official Gazette

12 February 2018

On 1st February 2018, the Belgian Parliament approved the law implementing a tax on securities accounts, which should be published in the Official Gazette in the next days. In a nutshell, this regime provides a 0,15%-taxation of securities accounts held by individuals, either Belgian residents or non-residents (in such a case, only on their ‘Belgian’