The Luxembourg Reserved Alternative Investment Fund (RAIF) – Updated
Luxembourg RAIFs are increasingly used in order to provide debt funding for acquisitions. Until recently it was uncertain how interest paid by a Belgian company to a RAIF is to be treated from a Belgian withholding tax perspective. Two recent decisions of the Belgian Supreme Court provide more clarity. The RAIF Regime In 2016, Luxembourg
Key real estate issues in the due diligence process of M&A transactions raised by the New Property Law
Following the New Property Law of 4 February 2020 (which entered into force on 1st September 2021), important changes were introduced regarding amongst others long term lease rights and building rights. These changes can also have an impact on M&A transactions, for certain topics more flexibility is created whereas for other topics the New Property Law is more strict. Learn more
The EU is accelerating the green transition: REPowerEU and ETS/CBAM update
Last week was an important week for the EU’s Green Deal ambitions. On Tuesday 17 May the European Parliament ENVI Committee adopted updated proposals on CBAM and the ETS reform. And the following day the European Commission presented its REPowerEU plan. What is the REPowerEU Plan and why should you care? The aim of the
German- Belgian Colloquium on global tax reform: a status update on the OECD Two Pillar Approach
On May 23rd, 2022 the Belgian and German tax authorities organized a colloquium on the two-pillar approach. The colloquium was held in Brussels and was hosted by Mr Hans D’Hondt, Chairman of the Management Committee of the Belgian Federal Public Service Finance. The colloquium was opened by Mr D’Hondt and Mr Martin Kotthaus, Ambassador of
Tax Bites podcast: EU commission proposal to tackle the debt-equity bias in taxation (DEBRA)
In this week’s podcast, our speakers discuss the content of the proposal and assess which businesses will be impacted. They’ll explain the allowance on equity and interest limitation, linking this to other pending EU proposals. About the speakers: David Ledure, PwC Belgium Partner and leader of the global PwC Financial Transactions network Jean-Philippe Van West,
Due date for both the belgian corporate income tax return and the local form for assessment year 2022
Extended due date & Accelerated refund Whilst the general due date for filing is the end of the seventh month after year-end closing, an additional term till 17 October 2022 has now been confirmed for Belgian companies, Belgian legal entities and foreign entities with a financial year-end from 31 December 2021 up to 28 February
Mergers and (partial) demergers in case of negative net equity
Mergers and (partial) demergers in case of negative net equity Although nothing in Belgian company law or tax legislation explicitly indicates that companies with a negative net equity are not allowed to participate in a merger (or demerger or partial demerger), legal doctrine is divided as to whether such a transaction is possible if
Investigation period for direct taxes soon prolonged without distinction between an ordinary investigation and a fraud investigation?
A legislative proposal has been submitted to the Belgian Parliament with a view to harmonising the investigation and assessment periods for income tax and VAT. The proposal primarily looks to amend the legal provisions relating to the investigation period for direct tax matters. Currently, the normal investigation period for income tax is 3 years. This
