The European Court of Justice decides the Belgian excess profits regime constitutes an aid scheme and refers the case back to the General Court
In its decision of 16 September 2021 the European Court of Justice (‘ECJ’) overruled the judgement of the General Court of 14 February 2019. Different from the General Court, the ECJ concluded that the three conditions for an aid scheme to exist are met. The ECJ referred the case back to the General Court, which
OECD Inclusive Framework agrees on two-pillar Approach for International Tax Framework
On 1 July 2021, the Inclusive Framework (IF) announced an agreement backed by 130 (out of 139) members of the Inclusive Framework on the two-pillar approach. This approach redesigns the international tax framework. Here’s a summary of the main points of the agreement: Pillar one Pillar One is intended to re-allocate the taxing rights of
Update of the Belgian EBITDA rule provides opportunities for infrastructure and energy sector
Recently the Belgian legislator published a Royal Decree containing some clarifications on the repair law of 20 December 2020 containing changes to the 30% EBITDA rule. As mentioned in our previous Newsflash of 6 January 2021, the Belgian legislator published on 20 December 2020 new legislation in order to address criticism of the European Commission
G7 commits to a global minimum tax of at least 15% and taxation of digitalised economy
The G7 finance ministers published on 5 June 2021 a Communiqué announcing that they reached a high-level political agreement on a global tax reform. In particular, they agreed on the reallocation of a share of the profits of certain multinational enterprises to market jurisdictions (Pillar 1) and a global minimum tax of at least 15%
Country-by-country reporting goes public!
On 1 June 2021, representatives of the European Parliament and the Council under EU Portuguese Presidency negotiated a Draft Directive on public country-by-country reporting (‘Public CbCR’) for big multinational groups. They provisionally reached a compromise agreement. Once this political agreement is endorsed, it requires European or non-European multinational groups or standalone undertakings to publicly disclose
New legislation impacting 30% EBITDA rule
In order to address criticism of the European Commission on inter alia the Belgian implementation of the “EBITDA interest limitation rule”, the Belgian legislator has published new legislation to address those. This might impact the financing of real estate, entities that perform factoring activities or entities active in “long-term public infrastructure projects”. The scope of
Upcoming due date for electronic filing of BEPS 13 related documents: 31 December 2020
Transfer pricing documentation requirements have become an integral part of the compliance obligations of Belgian entities and branches. The criteria, formalities and deadlines should therefore be followed up closely. Please find below a short summary of the obligations to be complied with by 31 December 2020. What? A Belgian entity or Belgian branch part of a
National courts to interpret milestone EU Danish cases on beneficial ownership and abuse
On 26 February 2019, the Court of Justice of the European Union (CJEU) issued its judgments in the so-called “Danish cases”. The underlying question of these cases was whether dividend and interest payments could be exempt from withholding tax under the EU Parent Subsidiary and Interest & Royalty Directives, when the payments were made from
