News articles written by Patrice Delacroix

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

Annulment of the Fairness Tax by the Constitutional Court – Practice Note issued

4 September 2018

For recall, on 1 March 2018, the Constitutional Court annulled the Fairness Tax but decided to maintain its effects for the assessment years 2014 to 2018, except in case of redistributions of dividends (see our newsflash in this respect). On 3 September 2018, the Belgian tax administration released a Practice Note commenting the content and

Belgian Constitutional Court annuls fairness tax

2 March 2018

In its judgement of 1 March 2018, the Belgian Constitutional Court ruled that the fairness tax is unconstitutional. Hence, it annulled the fairness tax. This decision follows a series of actions on both the national and European level (for our previous coverage on this subject, click here). The annulment does not have a retro-active effect, except in