The Finance Minister recently commented on the definition of capitalising v. distributing shares of an investment company in the framework of the Belgian Tax on Stock Exchange Transactions. According to the Minister, the distinction between “distributing shares” and “capitalising shares” for the purposes of the tax on stock exchange transactions corresponds in principle to the
As a recall, by request sent to the Constitutional Court, a Belgian taxpayer company has filed in January 2014 an action for annulment of the so-called Belgian ‘Fairness Tax’. This action comprises four different causes of action each of them including different headings or arguments: European law: freedom of establishment and Parent-Subsidiary Directive; Constitutional law:
Update of the Royal Decree on institutional undertakings for collective investments with variable capital that invest in financial instruments and liquidity
In a nutshell The Ministry of Finance has published a draft Royal Decree (the Draft royal decree) to update the Royal Decree of 7 December 2007 (the Royal Decree of 2007) on the institutional undertakings for collective investment (UCIs) with variable capital that have the sole purpose of collective investment in financial instruments and liquidity.
On 28 April 2017, the Belgian Council of State annulled the nomination of the French-speaking Board members of the Ruling Office, due to a complaint by a previous Board member. As a result of the judgement, the Ruling Office will not be able to take any formal decisions before the Board members have been replaced.
The Belgian tax administration has just published a list of Frequently Asked Questions (FAQ) on the webpage dedicated to the Belgian Tax on Stock Exchange Transactions (French / Dutch). This publication is quite important as it not only covers issues connected to the recent extension of the scope of the tax but also clarifies some ‘pre-existing’
On 14 March 2017, the Federal Public Department of Finance has released the Belgian Guidance Notes on the Common Reporting Standard (CRS) which contain valuable clarifications on the practical application of the CRS and of the Directive on Administrative Cooperation (DAC). This document can be consulted here. Additional information about the implementation of the CRS