News articles written by Patrice Delacroix

Draft bill introducing a new annual tax on securities accounts

9 November 2020

On 31 October 2020, the Council of Ministers approved a draft bill introducing a new annual tax on securities accounts in the Code of Various Duties and Taxes (CVDT). The Council of State is being requested to give its opinion on the draft bill. The Government intends to submit the bill to Parliament by year-end.

New solidarity tax on security accounts?

30 October 2020

Although the text is still in an early draft phase and still needs to be approved by the council of ministers, it was made public in the press that the idea of the new security tax seems to be a tax on the ownership of security accounts. The text of the pre-proposal is not yet

High net worth individuals on the radar of Vivaldi!

2 October 2020

One of the measures announced by the newly formed government (“the Vivaldi coalition”) is the taxation of the major financial transactions (“MFTT”). Although only the main principles of this tax are known at this stage, the purpose would be to tax high net worth individuals. The impact of the tax is estimated between 150 to

Belgium published FAQ on the DAC 6 rules

26 June 2020

As a recap, the DAC 6 directive covers the EU Mandatory Disclosure rules on certain tax arrangements. This directive was enacted in Belgian legislation in December 2019. To further clarify the DAC 6 law in Belgium, the Belgian tax authorities published a FAQ with further guidance on the application of the rules. Recently an extension

Taxation of French-sourced dividends: confirmation of the Supreme Court decision

20 January 2020

On 17 December 2019, the Court of Appeal of Antwerp confirmed the position of the Court of cassation in its arrest dated 16 June 2017 (previously commented) with respect to the application of a foreign tax credit in Belgium in relation to French-sourced dividends received by Belgian private investors. Background The case concerned French-sourced dividends

New ‘60-day rule’ for pension funds: the practice note was published

30 April 2019

Quick recap Since 1 January 2017, a specific anti-abuse prevents to benefit from a WHT exemption when the Belgian tax administration proves that the dividends concerned are linked to a (set of) legal act(s) that are not genuine and aimed, even incidentally, at benefiting from the WHT exemption concerned. Since 22nd January 2019, the fact

Belgian Net Asset Tax and Withholding Tax: opportunities to reclaim for Luxembourg SICAV

5 February 2019

In a decision dated 29 November 2018, the Court of Appeal of Brussels concluded that the Double Tax Treaty concluded between Belgium and Luxembourg (hereinafter the ‘DTT’) prevents the application of the Belgian Net Asset Tax (hereinafter the ‘NAT’) to a Luxembourg SICAV. As it confirms that a Luxembourg SICAV falls within the personal scope

Withholding tax evasion and avoidance: new measures announced

2 October 2018

Last Friday, the Belgian Council of Ministers approved a draft bill of law aimed at fighting several situations of Belgian WHT (Withholding Tax) evasion and avoidance. The purpose of the new rules is to tackle improper WHT exemptions or refunds and facilitate the recovery of WHT in such cases. In a nutshell In a communication