Temporary corporate tax exemption for social passive: to be spread over 5 years
On 22 March 2019, the Act modifying the specific corporate tax exemption for social passive was published: the exemption now needs to be spread over 5 years. Recap As a short recap, article 67quater Belgian Income Tax Code 1992 (introduced by the Act of 26 December 2013) allows Belgian companies and Belgian establishments to exempt
Tax audits – Partial wage withholding tax exemption for R&D
The Belgian tax authorities are again issuing tax audits with respect to the application of the wage withholding tax exemption for Research and Development over income year 2017. Extensive list of questions A few years ago, a similar wave of audits took place. Compared to the previous tax audits, we notice that the list of
European Commission opens State aid investigation into Luxembourg’s tax treatment of Huhtamäki
On 7 March 2019, the European Commission (EC) announced the opening of an in-depth State aid investigation in a number of tax rulings granted by Luxembourg to Huhtamäki. This decision is another important decision in a range of decisions dealing with the taxation of intra-group financing activities. A brief explanation of the decision can be found
Advance tax payments – new procedure and new bank account number
Unless a company pays its Belgian corporate income taxes due by means of timely advance tax payments during the financial year concerned, a surcharge is due on the final amount of Belgian corporate income tax due upon assessment. If advance payments are made, credits – which can be offset against the surcharge – are granted
CJEU hands down important judgments in Danish cases on beneficial ownership
On 26 February 2019, the Court of Justice of the European Union (CJEU) issued its judgments in T Denmark and Y Denmark vs. The Danish Ministry of Taxation (Joined Cases C-116/16 and C-117/16 – “the dividend cases”) and in N Luxembourg 1, X Denmark A/S, C Danmark I and Z Denmark ApS vs. the Danish
Anti-Tax Avoidance Directive Webcast Series Episode Two: Netherlands and Italy Thursday, 28 February 2019, 15:00 – 16:00 CET
We are pleased to inform you of the next episode of our Anti-Tax Avoidance Directive Webcast Series, Episode 2: Netherlands and Italy. The EU Anti-Tax Avoidance Directive (ATAD I & II “ATAD”) is designed to tackle tax avoidance practices, and creates minimum standards for EU Member States, which may require changes to corporate tax laws.
European Court annuls the decision of the European Commission that Excess Profit rulings are State Aid
The General Court decided that the European Commission has made an error in its decision where it concluded that the Belgian excess profit regime resulted in a so-called ‘State aid scheme’. As a result of this approach under a State aid scheme (rather than assessing each of the rulings involved), the European Commission limited its
Circular 2019/C/14 – Addendum to the circular 2017/C/56 containing additional guidance on the transfer pricing documentation penalty regime
On 8 February 2019, an addendum to the circular was issued containing additional guidance on the transfer pricing documentation penalty regime. General All companies and permanent establishments must prepare transfer pricing documentation unless they meet certain thresholds for exemption from filing documentation. Failing to file (in due time) the transfer pricing documentation (i.e. country-by-country report
