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
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
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
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’
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.
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