Belgian TIS: New Practice Note on the deduction of costs
On 9 May 2018, the Belgian tax administration has issued a Practice Note providing guidance on the deduction of costs in the framework of the computation of the Belgian Taxable Income per Share, also known as “Belgian TIS” or “BTIS”. For recall, the BTIS allows an accurate taxation of Belgian private investors of certain capitalizing
Withholding tax liability on income attributed to taxpayers subject to the legal entity income tax: recent developments
Who is liable to levy the withholding tax (“WHT”) on income attributed to taxpayers subject to the legal entity income tax? This question has been addressed by the Supreme Court in several (and opposite) decisions. On its side, the Belgian tax administration has consistently adjusted its stance on this matter in various Practice Notes, the
Update: It’s a go for the option to apply VAT on ‘new’ immovable letting!
This weekend, the core cabinet of the Belgian Government (finally) reached an agreement on the possibility for landlords to apply VAT on certain immovable lettings. With a view of raising our country’s and the markets’ competitiveness, the Belgian Government has for quite some time been juggling (and struggling) with the idea to apply VAT on
Belgian Constitutional Court annuls fairness tax
In its judgement of 1 March 2018, the Belgian Constitutional Court ruled that the fairness tax is unconstitutional. Hence, it annulled the fairness tax. This decision follows a series of actions on both the national and European level (for our previous coverage on this subject, click here). The annulment does not have a retro-active effect, except in
The Belgian Tax on Securities Accounts soon published in the Official Gazette
On 1st February 2018, the Belgian Parliament approved the law implementing a tax on securities accounts, which should be published in the Official Gazette in the next days. In a nutshell, this regime provides a 0,15%-taxation of securities accounts held by individuals, either Belgian residents or non-residents (in such a case, only on their ‘Belgian’
Update on the Belgian Stock Exchange Tax (TOB/beurstaks)
Recently, several modifications of the Belgian Stock Exchange Tax regime (TOB/beurstaks) have been enacted. For recall, this tax generally applies to secondary market transactions (with the exception of redemptions of own units by certain investment funds) concerning certain financial instruments entered into by Belgian investors, be it through a Belgian or a foreign financial intermediary.
The cost-sharing VAT exemption is not for financial services, says EU Court
In brief The Court of Justice of the European Union (CJEU, “the Court”) released its decisions on 21 September 2017 in three cases (Aviva, C-605/15, DNB BANKA, C-326/15 and Commission v Germany, C-616/15), relating to “independent group of persons (IGP)” (also referred to as the cost-sharing VAT exemption). In these three cases, the central question
Act published modifying the Belgian Net Asset Tax
Update – As announced in our Newsflash of 27 June 2017, the Belgian annual tax on undertakings for collective investment (the Belgian ‘Net Asset Tax’ or ‘NAT’) would be adapted with the following measures: Introduction of a reduced tax rate of 0.01% on institutional share classes of foreign undertakings for collective investment (provided the units
