Belgian tax authorities announce tax audits
The Belgian tax authorities prefer to communicate in an open way on how they make the selection of taxpayers that can be subject to a tax audit. Just like in previous years, the Belgian tax authorities have in this framework announced their focus when making selecting taxpayers for 2015 that will be subject to a
Budgetary control in Belgium: New tax measures announced
On 30 March 2015, the Belgian government announced new Belgian tax measures in the framework of the budgetary control. They concern: Fight against fraud The fight against tax fraud will be pursued. The estimated net revenues are MEUR 160. Cayman tax: applicable as from calendar year 2015 The “Cayman tax” would already be applicable as from calendar year
Advance tax payments – Percentages for tax year 2016
On 27 February 2015, the Belgian government took a decision on the rates for the advance tax payments for tax year 2016. Considering the low market rates, it was decided that the basic rate to be taken into account for the calculation of the different rates would be 0.5% (instead of the current rate of 0%).
Constitutional Court rules: different tax treatment of capital reduction is not discriminatory
On 19 February 2015, the Belgian Constitutional Court ruled that the tax treatment of income from a capital reduction in the hands of a Belgian company is not discriminatory, compared to the tax rules applicable to such income in the hands of a Belgian private individual. In the case at hand, a Belgian company had acquired
European Commission announces investigation into Belgian excess profit ruling system
On 3 February 2015, the European Commission released a press release announcing an in-depth investigation into a Belgian tax provision that allows group companies to reduce their corporate tax basis with a profit part that results from the advantage of belonging to a multinational group, on the basis of what is referred to as an “excess profit” tax ruling. The press release
Belgian R&D tax exemption for Young Innovative Companies no illegal state aid Commission says
On 23 January 2015, the European Commission finalised its investigation of the tax incentive for innovative companies which aimed at encouraging R&D activities of new small companies in Belgium under the EU state aid rules. According to the Commission, this tax system complies with the EU state aid rules and can thus be maintained. Note
Fairness tax – Reference for a preliminary ruling to ECJ
The Belgian Constitutional Court (‘BCC’) has referred to the European Court of Justice (‘ECJ’) for a preliminary ruling in respect of the fairness tax. The fairness tax was introduced by the Act of 30 July 2013 and is applicable as of assessment year 2014 (financial years ending 31 December 2013 up to and including 30
EU PSD – Council adopts anti-abuse clause
In a press release of 27 January 2015, the Council has disclosed its amendments to the EU Parent-Subsidiary Directive (PSD) (2011/96/EU). Objective of the amendments The Council amended the PSD, adding a binding anti-abuse clause to prevent tax avoidance and aggressive tax planning by corporate groups. The aim is to stop the PSD from being misused for tax avoidance and to
