CJEU judgment in Argenta Spaarbank on compatibility of interest payment deduction rules with Parent-Subsidiary Directive
On 26 October 2017, the EU’s Court of Justice (CJEU) ruled on the compatibility of the Belgian interest payment deduction rules with the Parent-Subsidiary Directive (PSD) in the case C-39/16 Argenta Spaarbank vs. Belgische Staat. The case concerns the Belgian interest payment deduction rules laid down in Article 198(10) of the 1992 Income Tax Code
Belgium’s corporate tax reform becomes reality
Today the Federal government has published a press release regarding the agreement on the concrete implementation of the important corporate tax reform announced earlier in July 2017. The Act has been sent to the Council of State for advice and is expected to be voted by Parliament in the course of December 2017. The great achievement of this
EU Directive on Tax Dispute Resolution Mechanisms formally adopted
On 10 October 2017, the ECOFIN Council formally adopted a Directive on tax dispute resolution mechanisms in the EU. The objective is to establish more effective and efficient procedures within the EU. The Directive builds on the existing Convention 90/436/EEC on the elimination of double taxation in connection with the adjustment of profits of associated
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
