Non-application of NID to foreign permanent establishment and real estate
The Belgian tax authorities have recently issued a practice note with regard to the Belgian notional interest deduction (‘NID’) and the possibility for the taxpayer to file a tax claim or request an ex officio tax relief. Companies subject to Belgian (non-resident) corporate income tax may deduct a notional interest reflecting the economic cost of
Brazil enacts new rules impacting dividend withholding, interest deductions, goodwill amortization and CFCs
The Brazilian government on May 14, 2014 enacted Law No. 12.973/2014, converting into law Provisional Measure 627/2013 (PM 627). The key provisions of the enacted law are the revocation of the Transitional Tax Regime (RTT) and new rules regarding the treatment of dividends, interest on net equity (INE), amortization of goodwill, and controlled foreign corporations
Luxembourg – Adoption of law revising corporate exit tax rules
On 13 May 2014, the Luxembourg Parliament approved the law (bill n. 6556) amending some of Luxembourg tax provisions that were considered not to be compliant with EU law. The changes are most notably in the area of exit taxation for corporate entities. Key changes: Deferral of the tax liabilities arising upon migration; and “Roll-over”
Parliamentary question regarding the application of Belgian thin cap rules for cash pooling activities
The Minister of Finance answered a Parliamentary question on how the Belgian thin cap rules should be applied in practice to cash pooling activities. The Minister was asked a.o. how a daily assessment of the 5:1 debt-equity ratio links in with the netting of interest paid and received for cash pooling companies (for more information
Advice Belgian ruling commission on use of GAAR in reorganizations
Since the introduction of the new general anti abuse (section 344 Belgian Income Tax Code) provision in Belgium, there was uncertainty on how the latter interacts with the existing specific anti-abuse provision in place for reorganizations (section 183bis Belgian Income Tax Code) Recently the ruling commission issued a new advice with their view on what to
ECOFIN fails to reach agreement on anti-hybrid measure to be implemented into the Parent-Subsidiary Directive – FTT first on shares and some derivatives
1. Background On 25 November 2013, the European Commission has proposed to amend the EU Parent-Subsidiary Directive (‘PSD’) in order to tackle tax fraud/evasion and aggressive tax planning/base erosion and profit shifting (‘BEPS’) within the European Union. The proposal sought to insert (i) a specific anti-abuse rule for hybrid loan arrangements resulting in a double
Publication of model tax returns for assessment year 2014
Model tax returns for assessment year 2014 now available In the Belgian Official Gazette of 2 May 2014, the model tax returns for assessment year 2014 for resident companies, for resident legal entities and for non-residents(companies and legal entities) have been published.
The EU Joint Transfer Pricing Forum published the transfer pricing profiles of EU Member States.
The EU Joint Transfer Pricing Forum has published various transfer pricing profiles of EU Member States on its website. These profiles contain information for the EU Member States on the domestic transfer pricing framework and regulations, transfer pricing documentation requirements, information on dispute resolution, competent authorities’ contact details and other transfer pricing related topics. The
