New administrative VAT decision: Travel package and insurance services – Impact for Belgian lease industry
The Belgian VAT authorities have published a new administrative decision clarifying the VAT treatment of offerings by travel agencies consisting of both travel services and insurance services, based on the ‘old’ CJEU case BGZ Leasing of 2011 (C-224/11). These guidelines adjust the initial viewpoint of the Belgian VAT authorities to the CJEU case BGZ Leasing
Belgian withholding tax on interest income paid to foreign investment companies: exemption enlarged
Following an infringement procedure initiated by the European Commission several years ago, Belgium has finally amended its regulation regarding the perception of withholding tax on Belgian-source interest on debt claims and debt securities made or allocated to investment companies established abroad in another Member state of the European Economic Area. Belgian and foreign investment companies
ESMA readies MiFID II, MAR, and CSDR
ESMA published its final draft technical standards on some of the most important pieces of post-crisis financial regulation: MiFID II, MAR and CSDR. On 28 September 2015, the European Securities and Markets Authority (ESMA) published its final draft version of the Technical Standards (TS) on Markets in Financial Instruments Directive (MiFID II), Market Abuse Regulation
Final report on draft Implementing Technical Standards
ESMA has published its final report on draft Implementing Technical Standards on the procedures and forms for submitting information to ESMA by national competent authorities in relation to penalties and measures in accordance with Article 99e of the UCITS V Directive. On 18 September 2015, the European Securities and Markets Authority (ESMA) published its draft
Reporting obligation for payments to tax havens: impact for payments to Cyprus and Luxembourg
Companies subject to Belgian corporate income tax (residents or non-residents) have to declare direct or indirect payments exceeding EUR 100,000 to recipients established in ‘tax havens’. For these purposes, a tax haven is defined as a country: with no or low taxation (i.e. the nominal standard tax rate is less than 10%); that, for the
Cayman tax enacted – List of legal entities published
With the Program Law of 10 August 2015, the so-called “Cayman tax” has been implemented. Under this regime, certain legal constructions are treated as transparent for Belgian tax purposes, implying that income generated by them is taxable or their founders or beneficiaries. The Cayman tax is in principle applicable to income that is obtained, attributed or paid
ESMA published advice on the extension of AIFMD passports to non-EU AIFMs and non-EU AIFs
ESMA has published its final opinion and advice on Article 67 (1) AIFMD i.e. on passporting of EU AIFMs and national private placement regimes, as well as on the extension of the AIFMD passport to non-EU AIFMs and non-EU AIFs. On 30 July 2015, the European Securities and Markets Authority (ESMA) published its advice to
Guidelines on financial instruments and related services to retail clients.
The Financial Services and Markets Authority has published a communication on the offer of certain financial institutions’ financing instruments and the provision of services related to such instruments to retail clients. On 29 July 2015, the Financial Services and Markets Authority (FSMA) published a communication FSMA_2015_08 dated 27 July 2015 on the offer of certain
