Ruling Office – rulings delayed due to annulation of French-speaking Board members
On 28 April 2017, the Belgian Council of State annulled the nomination of the French-speaking Board members of the Ruling Office, due to a complaint by a previous Board member. As a result of the judgement, the Ruling Office will not be able to take any formal decisions before the Board members have been replaced.
Benefit in kind for free housing granted by a company ruled unconstitutional by two Courts of appeal
When a company puts a housing at the disposal of one of its directors or employees, the beneficiary is taxed on a benefit in kind. This benefit is assessed on a lump-sum basis. The evaluation depends on whether the housing is given by an individual (100/60 x indexed cadastral income) or by a company (100/60
Company cars, internal capital gains, withholding tax, … What are the new tax measures for the year end?
Last October, the Federal Government reached an agreement on the budget and, in this framework, on several tax measures. The most important ones relate to the taxation of company cars and the end of the tax-free step-up in the case of a contribution in capital of shares by an individual (commonly referred to as “internal
Belgian Fairness Tax: Status Quaestionis
Introduction. 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: lawfulness principle ; Constitutional law:
Budget 2017: New tax measures announced – Corporate tax reform reconfirmed but not yet decided
In the framework of the budget for 2017, the Federal Government reached an agreement on several tax measures. On 16 October 2016, during the policy statement, the Prime Minister announced what follows: The speculation tax for individuals on the transfer of quoted shares would be abolished as of 1 January 2017; Tax on stock exchange
Notional interest deduction rate for tax year 2018 is 0,237%
The Belgian NID rate for tax year 2018 (accounting years ending between 31 December 2017 and 30 December 2018, both dates included) would be 0,237%. For SMEs (Small and Medium-sized Enterprises), the NID rate would be 0,737% for tax year 2018. According to article 205quater, §2 of the Belgian Income Tax Code (“BITC”), the NID
Belgium – corporate tax reform announced
In April 2016, the Federal government, in the framework of the agreement on additional budgetary and recovery measures following the 2016 budgetary control exercise, announced a reform of the Belgian corporate income tax (see our news flash on 11 April 2016). In July 2016, the ‘High Finance Council’ has published a report examining the different
Summary of what has changed during the summer: newly-adopted tax measures
This summer, the Parliament adopted a range of new tax measures (more details below). Other measures are currently under review at the Chamber or pending before the State Council. More details on the new tax measures are announced on our website: Tax reform in Belgium. Patent income deduction The Act of 3 August 2016 providing
