EU Commission takes next steps against Ireland and Luxembourg in Apple and Amazon State aid cases
On October 4, 2017, the European Commission (EC) continued its ongoing challenges to Member States’ transfer pricing tax regimes by advancing two high profile cases to the next stages. In the Apple case, the EC referred Ireland to the Court of Justice of the European Union (CJEU) for failing to enforce an August 2016 State aid recovery decision,
Notional interest deduction rate for tax year 2019 is 0,746%
The Belgian notional interest deduction (NID) rate for tax year 2019 (accounting years ending between 31 December 2018 and 30 December 2019, both dates included) would be 0,746%. For SMEs (Small and Medium-sized Enterprises), the NID rate would be 1,246% for tax year 2019. According to article 205quater, §2 of the Belgian Income Tax Code
Circular letter on exit taxation
On 11 August 2017, an administrative circular letter was issued with respect to the Belgian exit taxation rules. Belgium amended, via the Act of 1 December 2016, the Belgian tax provisions on exit taxation largely in line with the Anti-Tax Avoidance Directive (ATAD) requirements on exit taxation. More precisely, the Act introduced amongst others the option
Insights into the EU proposal on mandatory disclosure of tax information by taxpayers and intermediaries
The European Commission, on 21 June 2017, published a draft Directive that would impose mandatory reporting by taxpayers and intermediaries to the tax administrations of EU Member States for various cross-border transactions and arrangements, and the automatic exchange of this information among Member States (see previous coverage). Taxpayers and intermediaries (such as consultants, banks, and
Insights into the OECD final report on branch mismatch structures
The OECD, on 27 July 2017, released its report, Neutralising the Effects of Branch Mismatch Arrangements Action 2 (see previous coverage). The report recommends domestic law changes to neutralise the effect of certain payments or deemed payments involving branches. These recommendations are not a minimum standard, but some countries may choose to adopt all or
Belgian Act on the exchange of tax rulings and country-by-country reports formally adopted
On 11 August 2017, a Bill was published in the Belgian Official Gazette implementing into Belgian tax law several EU Directives (see previous coverage) regarding the automatic and compulsory exchange of information in the field of taxation. The Bill formally transposes (i) Directive 2015/2376/EU, the so-called DAC 3, and (ii) part of the Directive 2016/881/EU, the so-called DAC
Protocol to Belgium-Switzerland Double Tax Treaty enters into force
According to the Swiss Federal Department of Finance the additional protocol to the Double Tax Treaty (‘DTT’) between Belgium and Switzerland, that has been signed on April 10, 2014 has entered into force as of July 19, 2017 and will generally apply as from January 2018. In general terms, the protocol brings the current DTT,
Belgian tax reform: impact on M&A
The Belgian government has reached an agreement on an important tax, economic and social reform package. The contemplated changes aim to boost the Belgian economy through an investment friendly climate, but could also significantly impact deal structuring and due diligence processes. The highlights of the contemplated tax reform are the gradual reduction of the Belgian corporate
