Belgium to abolish the cost-sharing VAT exemption for Financial Services
Belgium will abolish the VAT exemption for cost-sharing associations (independent groups of persons) in the financial sector (banking – insurance). A draft law has been approved. This position follows the judgments of the CJEU cases DNB Banka (C-326/15) and Aviva (C-605/15) of 21 September 2017. The benefit of the exemption will be abolished as of
Ruling of the Constitutional Court regarding the Cayman Tax applicable to legal constructions without legal personality
On the 28th of January, the Belgian Constitutional Court ruled in favour of an annulment of a modification of article 18, 3° BITC by the Program Law of 25 December 2017 which, in the context of the Cayman Tax, had aligned the tax regime of distributions made by the legal constructions without legal personality (“type
New Anti-Abuse Rules for Indirect Taxes
The bill introducing an annual tax on securities accounts also plans to introduce new specific and general anti-abuse rules applicable to all the indirect taxes ruled by the Code of Various Duties and Taxes. As regards the tax on securities accounts, these anti-abuse rules would retroactively apply as from 30th October 2020 so as to
New Tax on Securities Accounts: Exemptions for the Financial Sector
On 5 January 2021, the Government published its bill introducing an annual tax on securities accounts in the Code of Various Duties and Taxes. As a recall, the tax is an annual tax on the holding of a securities account, levied at the rate of 0.15% on the average value of the account in excess
Draft bill introducing a new annual tax on securities accounts
On 31 October 2020, the Council of Ministers approved a draft bill introducing a new annual tax on securities accounts in the Code of Various Duties and Taxes (CVDT). The Council of State is being requested to give its opinion on the draft bill. The Government intends to submit the bill to Parliament by year-end.
One step further in the digitisation of the administrative procedures of the Tax Authorities
Withholding tax returns (notably the tax returns 273 & 273 A) currently have to be submitted through the e-service “Prm-on-web” but this will soon be a thing of the past. Indeed, although WHT returns will still have to be submitted on “Prm-on-web” until Monday 19 October, 2020 (9 a.m.), from that date onwards, a new
Circular 2020/C/96 on the taxable basis of foreign movable income
On July 9, 2020, the Belgian Tax Administration published the Circular 2020/C/96 with respect to the determination of taxable income in case of collection of foreign movable income. It confirms that, in case of collection of a foreign movable income, the taxable amount is determined by deducting the foreign tax effectively withheld from the foreign
VAT due on Aladdin services, BlackRock VAT case released – A new challenge for fund asset managers!
The VAT exemption applicable to the management of Special Investment Funds (Article 135(1)(g) of the VAT Directive) raises several issues. Those issues are related to both the concept of “management” and the “type” of funds that benefit from the exemption. The VAT Committee responded to some questions in 2017 but these concepts are certainly not
