Withholding tax evasion and avoidance: new measures announced
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
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
Withholding tax liability on income attributed to taxpayers subject to the legal entity income tax: recent developments
Who is liable to levy the withholding tax (“WHT”) on income attributed to taxpayers subject to the legal entity income tax? This question has been addressed by the Supreme Court in several (and opposite) decisions. On its side, the Belgian tax administration has consistently adjusted its stance on this matter in various Practice Notes, the
Belgian Constitutional Court annuls fairness tax
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
Taxation of French-sourced dividends: foreign tax credit available according to the Belgian Supreme Court
On 16 June 2017, the Belgian Supreme Court has reversed the current case law related to the granting of a foreign tax credit in Belgium with respect to foreign-sourced dividends received by Belgian private investors. The case concerned French-sourced dividends which, today, are normally taxed at a rate of 15% in France before being taxed
Catch-all clause: new practice note
Article 228, §3 BITC has been amended by the Act of 18 December 2016. The amendments brought retroactively enter into force on 1 July 2016. These changes are commented in the practice note of 30 June 2017. In a previous newsflash, we summarised the main changes brought by the recent legislative change. The practice note
Belgian Fairness Tax: Status Quaestionis (update)
As a recall, by request sent to the Constitutional Court, a Belgian taxpayer company has filed in January 2014 an action for annulment of the so-called Belgian ‘Fairness Tax’. This action comprises four different causes of action each of them including different headings or arguments: European law: freedom of establishment and Parent-Subsidiary Directive; Constitutional law:
Commonly named “catch-all” clause – Amendments enacted
The commonly named “catch-all” clause (article 228, §3 BITC) has been recently amended. One of the main points requiring special attention is the addition of a new condition of application, namely the requirement of any direct or indirect link of interdependence. Below, we provide some background as regards the previous version of the “catch-all” clause
